Mehmood v. U.S. Marshals Service et al

Filing 42

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/30/15 denying 39 Motion for Extension of time and denying 40 Motion for injunctive relief. This action is dismissed without prejudice. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YASIR MEHMOOD, 12 13 14 15 No. 2:14-cv-2075 CKD P Plaintiff, v. ORDER U. S. MARSHALS SERVICE, et al., Defendants. 16 17 Plaintiff, a federal pretrial detainee, commenced this civil rights action in September 2014. 18 On August 21, 2015, the undersigned dismissed the Second Amended Complaint and granted 19 plaintiff thirty days to file an amended complaint that conformed to federal pleading 20 requirements. (ECF No. 35.) On September 10, 2015, the court granted plaintiff an extension of 21 time until December 15, 2015 to file a Third Amended Complaint, stating that no further 22 extensions of time would be granted. (ECF No. 37.) 23 To date, plaintiff has not filed a Third Amended Complaint. Rather, he seeks an 24 additional, six-month extension of time to do so. (ECF No. 39.) The court does not find good 25 cause to vacate its September 10, 2015 order. 26 Plaintiff has consented to the jurisdiction of a Magistrate Judge to conduct all proceedings 27 in this action. (ECF No. 4.) As he has failed to timely amend, the undersigned will dismiss this 28 action without prejudice. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion for extension of time (ECF No. 39) is denied; 3 2. Plaintiff’s motion for injunctive relief (ECF No. 40) is denied; and 4 3. This action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 5 Dated: December 30, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 2/mehm2075.fta 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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