Smith v. Albee et al

Filing 20

ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2016 DENYING without prejudice plaintiff's 17 motion ; and plaintiff has up to and including 5/2/2016 in which to file his amended complaint.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LENOIR SMITH,

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No. 2:15-cv-1598 KJN P

Plaintiff,
v.

ORDER

DARREN ALBEE, et al.,

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Defendants.

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On February 10, 2016, plaintiff filed a motion requesting that prison officials provide

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plaintiff with his legal files, and notified the court of his change of address to Tehachapi. Since

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that filing, however, plaintiff has been transferred to the Sacramento County Jail, and then to

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High Desert State Prison. Because plaintiff is no longer housed in Tehachapi, his request for

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court order directed to prison officials is now moot. However, due to plaintiff’s frequent

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transfers, the court will grant him additional time in which to file his amended complaint.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion (ECF No. 17) is denied without prejudice; and

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2. Plaintiff is granted up to and including May 2, 2016, in which to file his amended

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complaint. Failure to file an amended complaint will result in a recommendation that this action

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be dismissed.

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Dated: March 23, 2016
/smit1598.36c

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