Hoffmann v. Bosenko et al

Filing 24

ORDER signed by Magistrate Judge Deborah Barnes on 4/29/2019 ORDERING within 14 days of the date of this order, Plaintiff to either dismiss this action or file an amended complaint. (Henshaw, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KASEY HOFFMAN, 11 Plaintiff, 12 13 No. 2:16-cv-0756 DB P v. ORDER TOM BOSENKO, et al., 14 Defendants. 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 16 17 action under 42 U.S.C. § 1983. Plaintiff alleges correctional officers at the Shasta County Jail 18 interfered with his access to the courts by blocking civil lawsuits. (ECF No. 1.) By order dated November 26, 2018, plaintiff’s complaint was screened and dismissed for 19 20 failure to state a claim. (ECF No. 20.) Plaintiff was directed to file an amended complaint within 21 thirty days and warned that failure to file an amended complaint would result in a 22 recommendation that this action be dismissed. Thereafter, plaintiff failed to file an amended 23 complaint and the court directed him to file an amended complaint or notice of dismissal within 24 fourteen days. (ECF No. 21.) Plaintiff responded with a request for a sixty-day extension of time 25 in which to file an amended complaint. (ECF No. 22.) The court granted the request, but warned 26 plaintiff that further extensions of time would not be granted absent a showing of extraordinary 27 circumstances (ECF No. 23). 28 //// 1 2 3 Since submitting his request, plaintiff has not filed an amended complaint, requested additional time to file an amended complaint, or otherwise responded to the court’s order. Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this 4 order, plaintiff shall either dismiss this action or file an amended complaint. If he fails to do so 5 the court will recommend that this action be dismissed for plaintiff’s failure to comply with court 6 orders and failure to prosecute. See E.D. Cal. R. 110; E.D. Cal. R. 183(b); Fed. R. Civ. P. 41. 7 DATED: April 29, 2019 8 9 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 DLB:12 DLB1/Orders/Prisoner-Civil Rights/hoff0756.osc(3) 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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