Mitchell v. Duffy et al

Filing 29

ORDER signed by Magistrate Judge Allison Claire on 1/10/2019 GRANTING 28 Motion for Extension of Time. Within 30 days from the date of service of this order, plaintiff may file an amended complaint. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL MITCHELL,

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No. 2:16-cv-0703 JAM AC P

Plaintiff,
v.

ORDER

BRIAN DUFFY, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. By order filed November 28, 2018, the first amended complaint was dismissed

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with leave to amend. ECF No. 27. Plaintiff has now filed a document entitled “Complaint

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Motion,” which outlines some of the difficulties plaintiff has encountered while in prison,

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including the loss of his legal paperwork and his copy of the last order issued by the court. ECF

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No. 28. He appears to be seeking additional time to file an amended complaint. Id. at 3. Good

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cause appearing, the request for an extension of time will be granted.

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Plaintiff is reminded that he is not required to cite case law or attach documents to his

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complaint. He should focus on telling the court who he believes violated his rights and

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explaining what each person did to violate his rights.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for an extension of time to file an amended complaint (ECF No. 28)

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is granted.
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2. Within thirty days from the date of service of this order, plaintiff may file an amended

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complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil

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Procedure, and the Local Rules of Practice. The amended complaint must bear the docket

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number assigned this case and must be labeled “Second Amended Complaint.” Plaintiff must file

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an original and two copies of the amended complaint. Failure to file an amended complaint in

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accordance with this order will result in a recommendation that this action be dismissed.

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3. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint

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form used in this district and another copy of the November 28, 2018 order (ECF No. 27).

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DATED: January 10, 2019

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