Sierra v. Director of CDCR et al

Filing 91

ORDER signed by Magistrate Judge Kendall J. Newman on 09/24/21 ORDERING that plaintiff is granted 30 days from the date of this order to file a response to the 8/24/21 order.(Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KENNETH ALAN SIERRA,

12
13
14
15
16

No. 2: 16-cv-1067 MCE KJN P

Plaintiff,
v.

ORDER

DIRECTOR OF DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

17
18

Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action

19

pursuant to 42 U.S.C. § 1983. For the reasons stated herein, plaintiff is granted an additional

20

thirty days to respond to the August 24, 2021 order.

21

On August 24, 2021, the undersigned issued an order screening plaintiff’s amended

22

complaint. (ECF No. 90.) The undersigned granted plaintiff thirty days to file a second amended

23

complaint or a notice stating that plaintiff intends to proceed on the potentially colorable claims in

24

the first amended complaint. (Id.) The undersigned ordered that failure to respond to the August

25

24, 2021 order would result in a recommendation of dismissal for failure to prosecute. (Id.)

26

Following the filing of the August 24, 2021 order, the court received two telephone calls

27

from plaintiff. In these telephone calls, plaintiff stated that he had difficulty filing a written

28

request for extension of time. Plaintiff verbally requested an extension of time to respond to the
1

1

August 24, 2021 order.

2

The court is unable to grant verbal requests for extensions of time. However, because

3

plaintiff represents that he intends to prosecute this action, the undersigned grants plaintiff thirty

4

days from the date of this order to file a response to the August 24, 2021 order. 1 Plaintiff is

5

cautioned that the undersigned will recommend that this action be dismissed for failure to

6

prosecute if plaintiff fails to file a written response to the August 24, 2021 order. No further

7

verbal requests for extensions of time will be granted.

8
9
10

Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days from the date
of this order to file a response to the August 24, 2021 order.
Dated: September 24, 2021

11
12
13
14
15
16

Sierra1067.ord(2)

17
18
19
20
21
22
23
24
25
26
27
28

1

Although defendants have not been served with the complaint, the docket indicates a special
appearance by the Attorney General’s Office during an appeal to the Ninth Circuit Court of
Appeals. Because the Attorney General’s Office does not represent defendants in this action, the
undersigned considered plaintiff’s ex parte communication with the court.
2