Sexton v. State of California

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 06/01/15 ORDERING that the 4 Order to Show Cause is DISCHARGED. Plaintiff must file an amended complaint within 20 days. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICIA D. SEXTON,

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No. 2:15-cv-00542-GEB-AC

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA,
Defendant.

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This matter is before the undersigned pursuant to Local Rule 302(c)(21). On March 10,

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2015, plaintiff, proceeding pro se, filed her complaint along with a motion to proceed in forma

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pauperis. ECF Nos. 1, 2. On March 20, 2015, the court granted plaintiff’s motion and dismissed

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her complaint for failure to comply with Federal Rule 8(a), with instructions to file an amended

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complaint within 30 days. ECF No. 3. On May 13, 2015, the court ordered plaintiff to show

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cause why her complaint should not be dismissed for failure to file a timely amended complaint

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in accordance with the court’s order. ECF No. 4. On May 26, 2015, plaintiff filed a letter

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describing medical problems suffered by her and other members of her family. ECF No. 5.

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Plaintiff’s response is difficult to follow, and she does not explicitly claim that her medical

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problems are why she failed to file a timely amended complaint. Nevertheless, in light of

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plaintiff’s pro se status the court will construe plaintiff’s response as attributing her failure to file

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an amended complaint to her illness.

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1. The court’s May 13, 2015, order to show cause, ECF No. 4, is discharged.

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2. Plaintiff must file an amended complaint in accordance with the court’s March 20,

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2015, order within twenty (20) days of the service of this order.
DATED: June 1, 2015

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