Hackney v. California Health Care Facility, et al.

Filing 28

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/13/16 denying 20 Motion to Amend as moot and granting 23 Motion for Extension of time. Plaintiff shall file a second amended complaint within 30 days from the date of this order. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM HACKNEY, 12 Plaintiff, 13 14 15 No. 2:15-cv-2160 JAM CKD P (TEMP) v. ORDER CALIFORNIA HEALTH CARE FACILITY et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed 18 pursuant to 42 U.S.C. § 1983. On March 11, 2016, plaintiff’s first amended complaint was 19 dismissed with leave to amend. ECF No. 19. Plaintiff has since filed a motion to amend, which 20 will be denied as moot because plaintiff has already been granted leave to amend. Plaintiff also 21 seeks an extension of time to hire an attorney. The court construes this motion as an extension of 22 time to file an amended pleading, which will be granted. 23 Based on the foregoing, IT IS HEREBY ORDERED that: 24 1. Plaintiff’s motion for leave to amend (ECF No. 20) is denied as moot; and 25 ///// 26 ///// 27 ///// 28 1 1 2 3 2. Plaintiff’s motion for extension of time (ECF No. 23) is granted. Plaintiff shall file a second amended complaint within thirty days from the date of this order. Dated: July 13, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 /mb;hack2160.eot 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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