Johnson v. Beard

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 10/23/19 DENYING 52 Motion to Appoint Counsel and GRANTING 52 Motion for Extension of time. Plaintiff's third amended complaint is due on or before 11/30/19. No further extensions of time to file a third amended complaint will be granted. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL DAVID JOHNSON,

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Plaintiff,

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v.

No. 2: 15-cv-1313 TLN KJN P

ORDER

J.A. BEARD, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s October 11, 2019 motion for an

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extension of time to file a third amended complaint and motion for appointment of counsel. (ECF

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No. 52.)

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On July 12, 2019, the undersigned dismissed plaintiff’s second amended complaint and

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granted plaintiff thirty days to file a third amended complaint. (ECF No. 44.) On July 19, 2019,

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plaintiff filed a motion for appointment of counsel and motion for a 60-90 day extension of time

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to file a third amended complaint. (ECF No. 45.)

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On July 29, 2019, the undersigned denied plaintiff’s motion for appointment of counsel

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and granted plaintiff a ninety-day extension of time to file a third amended complaint. (ECF No.

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48.) Plaintiff’s third amended complaint is due on October 30, 2019. In the July 29, 2019 order,

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the undersigned stated that no further extensions of time would be granted but for a showing of
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substantial cause.
In the pending motion for extension of time, plaintiff alleges that he has a “mix

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personality” disorder and comprehension problems. (ECF No. 52 at 2.) Plaintiff alleges that he

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has difficulty preparing his complaint. (Id. at 3.) Plaintiff alleges that he is in a depressive state

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of mind. (Id.) Plaintiff alleges that he had no access to the law library due to a lockdown. (Id.)

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Plaintiff requests a sixty-day extension of time to prepare his third amended complaint. (Id.)

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The court is sympathetic to plaintiff’s allegations regarding his difficulties in preparing

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the third amended complaint. However, plaintiff has already been granted one generous

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extension of time to file the third amended complaint. For this reason, plaintiff is granted a thirty-

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day extension of time to file his third amended complaint. No further extensions of time will be

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granted.

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For the reasons stated in the July 29, 2019 order, plaintiff’s motion for appointment of
counsel is denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for appointment of counsel (ECF No. 52) is denied;

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2. Plaintiff’s motion for an extension of time to file a third amended complaint (ECF No.

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52) is granted; plaintiff’s third amended complaint is due on or before November 30,

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2019; no further extensions of time to file a third amended complaint will be granted.

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Dated: October 23, 2019

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