Brown v. Gastello

Filing 14

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/30/2017 ORDERING plaintiff has 30 days to comply with the court's 7/26/2016 screening order. Should plaintiff fail to timely comply, the findings and recommendations will be submitted to the district judge for consideration. The Clerk shall re-serve plaintiff with a copy of the court's 7/26/2016 screening order 7 .(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,

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No. 2:15-cv-1156-MCE-EFB P

Plaintiff,
v.

ORDER

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CARMEN GASTELLO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On September 8, 2016, the court issued findings and recommendations, which

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recommended dismissal of this action after plaintiff failed to file an amended complaint in

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accordance with the court’s July 26, 2016 screening order. ECF No. 10.

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On October 18, 2016, plaintiff requested a 30-day extension of time to respond to all court

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orders, explaining that he had been hospitalized and denied access to legal mail. ECF No. 11. On

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October 24, 2016, the court issued an order which held the findings and recommendations in

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abeyance and granted plaintiff an additional thirty days within which to comply with the court’s

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July 26, 2016 screening order. ECF No. 13.

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On December 29, 2016, plaintiff filed a “notice of appeal with declarations explaining late

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filing.” ECF No. 13. He did not seek an extension of time but explained that he had not been

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able to comply with the court’s order because his legal mail had been confiscated. He added,

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however, that as of December 18, 2016, he “was able to recover the confiscated mail.” Id. at 2.

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In an abundance of caution, the court will grant plaintiff a final extension of time to

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comply with the court’s July 26, 2016 screening order. The court notes, however, that filing an

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amended complaint should not require extensive research. An amended complaint should not

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include legal citations and need not contain unnecessarily detailed factual allegations.

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Accordingly, IT IS HEREBY ORDERED that plaintiff has 30 days from the date of this

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order to comply with the court’s July 26, 2016 screening order. Should plaintiff fail to timely

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comply, the findings and recommendations will be submitted to the district judge for

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consideration. In an abundance of caution, the Clerk of the Court shall re-serve plaintiff with a

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copy of the court’s July 26, 2016 screening order (ECF No. 7).

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DATED: January 30, 2017.

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