Smith v. Albee et al

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/2016 GRANTING plaintiff 60 days to file an amended complaint. Plaintiff is cautioned that failure to file an amended complaint will result in a recommendation that this action be dismissed without prejudice.(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL LENOIR SMITH,

12

Plaintiff,

13
14

No. 2:15-cv-1598 KJN P

v.

ORDER

DARREN ALBEE, et al.,

15

Defendants.

16
17

On January 6, 2016, plaintiff was granted thirty days in which to file an amended

18

complaint. However, on January 22, 2016, plaintiff filed a notice of change of address in which

19

he claims he has been transferred among several different institutions since December 29, 2015,

20

and that although he is now housed at California State Prison, Sacramento, he could be

21

transferred again. (ECF No. 14 at 2.) In the meantime, plaintiff has been prohibited from

22

carrying his legal materials during the transfers, and still does not have them. Plaintiff requests

23

that all proceedings be held in abeyance until he arrives at a final facility and receives his legal

24

files. (ECF No. 14 at 3.) Plaintiff did not explain, if he knows, why he has been transferred.
Plaintiff is advised that it is his responsibility to diligent prosecute his action. Plaintiff has

25
26

not shown good cause to stay this action. That said, plaintiff cannot comply with the court’s

27

order and file an amended complaint without benefit of his legal materials.

28

////

1

Accordingly, plaintiff is granted sixty days in which to file an amended complaint that

2

complies with the November 13, 2015 order. If plaintiff’s legal materials are not returned within

3

a reasonable time, or prison officials continue to transfer him to another facility, plaintiff should

4

notify the court and explain his circumstances.

5

IT IS HEREBY ORDERED that plaintiff is granted sixty days in which to file an

6

amended complaint. Plaintiff is cautioned that failure to file an amended complaint will result in

7

a recommendation that this action be dismissed without prejudice.

8

Dated: February 3, 2016

9
10
11
smit1598.36sec

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2