Mwasi v. Sacramento Prison et al

Filing 28

ORDER signed by Magistrate Judge Dennis M. Cota on 10/24/2018 DENYING 27 Motion for Extension of Time. (Huang, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KING MWASI,

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Plaintiff,

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No. 2:15-CV-2685-TLN-DMC-P

v.

ORDER

SACRAMENTO PRISON, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court is plaintiff’s fourth motion for an extension of time

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(Doc. 27) to file objections to the court’s March 22, 2018, findings and recommendations.
On February 10, 2017, the court dismissed plaintiff’s complaint and directed

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plaintiff to file a first amended complaint within 30 days. Plaintiff was granted three extensions

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of that deadline. See Docs. 13 (June 6, 2017, order), 15 (October 11, 2018, order), and 17

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(January 12, 2018,). By March 22, 2018, plaintiff had failed to comply and the court issued

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findings and recommendations that this action be dismissed pursuant to Eastern District of

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California Local Rule 110 for lack of prosecution and failure to comply with court rules and

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orders. See Doc. 18 (March 22, 2018, findings and recommendations).

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Rather than file a first amended complaint or otherwise respond to the findings and

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recommendations by explaining why he was unable to comply, plaintiff sought and was granted

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numerous extensions of time to object to the findings and recommendations. See Docs. 20 (April

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23, 2018, order), 22 (June 18, 2018, order), and 26 (September 6, 2018, order). Plaintiff has not

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shown good cause for a fourth extension of time. Plaintiff’s first amended complaint was due in

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March 2017 and plaintiff has failed to demonstrate why he has been unable to file a first amended

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complaint in the more than a year and a half since.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for an extension
of time (Doc. 27) is denied.

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Dated: October 24, 2018
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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