Gonzalez v. Veterans Administration et al

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/27/16 GRANTING Plaintiff's 9 Motion for Extension of Time. Plaintiff shall file his amended complaint within 30 days of the date of this order. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL E. GONZALEZ,

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Plaintiff,

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No. 2:15-cv-1997 MCE CKD PS (TEMP)

v.
UNITED STATES OF AMERICA1, et al,

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ORDER

Defendants.

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This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and

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28 U.S.C. § 636(b)(1). On May 23, 2016, the undersigned granted permission for partial service

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of his complaint or leave to file an amended complaint. (Dkt. No. 6.) Plaintiff has elected to file

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an amended complaint and now requests a thirty-day extension of time to file an amended

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complaint.2 (Dkt. No. 9.)
Good cause appearing, IT IS ORDERED that:

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1. Plaintiff’s June 21, 2016 request for an extension of time (Dkt. No. 9) is

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granted; and

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Although the caption of plaintiff’s complaint lists the first named defendant as the
“VETERANS ADMINISTRATION, a U.S. Government Agency,” the body of plaintiff’s
complaint correctly identifies the defendant as the “United States of America.” (Compl. (Dkt.
No. 1) at 1.) In this regard, “the United States is the only proper party defendant in an FTCA
action[.]” Kennedy v. U.S. Postal Service, 145 F.3d 1077, 1078 (9th Cir. 1998).
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Accordingly, plaintiff should not attempt to serve any defendant with his original complaint.
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2. Plaintiff shall file his amended complaint within thirty days of the date of this

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order.

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Dated: June 27, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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BVD\gonzalez1997.eot.ord

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