Johnson v. State of California

Filing 12

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/05/16 ordering the 03/16/16 findings and recommendations are held in abeyance and plaintiff has 30 days from the date of this order to submit an amended complaint. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NEIL A. JOHNSON,

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No. 2:15-cv-1259-MCE-EFB P

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA,
Defendant.

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Plaintiff is a county inmate proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1). On January 27, 2016, plaintiff’s complaint was dismissed with leave to

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amend. That order explained the deficiencies in the complaint and granted plaintiff thirty days to

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file an amended complaint to cure the deficiencies identified in the screening order. Plaintiff was

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admonished that failure to file an amended complaint would result in a recommendation that this

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action be dismissed. ECF No. 8. On March 16, 2016, when plaintiff failed to timely file an

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amended complaint, the undersigned issued findings and recommendations recommending that

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this action be dismissed for failure to prosecute and failure to state a claim upon which relief may

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be granted. ECF No. 10.

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Plaintiff filed objections on March 31, 2016, in which he apologizes for failing to timely
file his amended complaint and states his desire to continue litigating the case. Plaintiff’s

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objections, construed as a request for extension of time, is granted, to the extent that the court will

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hold the findings and recommendations in abeyance for a period of 30 days.

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The court notes that preparing an amended complaint does not require extensive legal

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research, as it should not contain any legal citations, but only a short and plain statement of the

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facts showing that plaintiff is entitled to relief.

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Accordingly, IT IS HEREBY ORDERED that the March 16, 2016 findings and

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recommendations are held in abeyance, and plaintiff has 30 days from the date of this order to

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submit the amended complaint. Should plaintiff fail to timely comply, those findings and

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recommendations will be submitted to the district judge for consideration.

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DATED: May 5, 2016.

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