Parnell v. Chen et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 2/26/2019 GRANTING 17 Motion for Extension of Time. Plaintiff to file first amended complaint on or before 3/22/2019. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J.P. PARNELL,

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No. 2:16-cv-0749 JAM AC P
Plaintiff,

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v.

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ORDER

CHEN, et al.,

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Defendants.

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Plaintiff has filed a third motion for extended time to file a First Amended Complaint

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pursuant to the court’s order of November 5, 2018. Good cause appearing, the motion will be

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granted.1 No further extensions of time will be granted.

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IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for extended time, ECF No. 17, is granted.

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2. Plaintiff shall file his First Amended Complaint on or before March 22, 2019.

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3. No further extensions of time will be granted.

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Plaintiff’s “alternative” summary request for appointment of counsel, ECF No. 17 at 1-2, is
therefore denied. Moreover, because plaintiff’s potential claims are relatively limited and
straightforward, see ECF No. 10 (court’s screening order), the undersigned finds that this case
does not present exceptional circumstances warranting the appointment of counsel at the present
time. See 28 U.S.C. § 1915(e)(1); Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Palmer
v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009).

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4. Failure of plaintiff to timely file a First Amended Complaint will result in a
recommendation that this action be dismissed without prejudice.
IT IS SO ORDERED.
DATED: February 26, 2019

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