Sierra v. Director of CDCR et al

Filing 94

ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2021 VACATING 92 Findings and Recommendations; GRANTING 93 Motion for Extension of Time and GRANTING plaintiff 60 days from the date of this order in which to file an amended complaint. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH ALAN SIERRA,

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Plaintiff,

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

v.

ORDER

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

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Defendants.

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

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pursuant to 42 U.S.C. § 1983. On November 4, 2021, the undersigned recommended that this

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action be dismissed for plaintiff’s failure to prosecute. (ECF No. 92.)
On November 15, 2021, plaintiff filed a motion for a sixty-days extension of time to file

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an amended complaint. (ECF No. 93.) Good cause appearing, plaintiff’s motion for an extension

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of time is granted and the November 4, 2021 findings and recommendations are vacated.
Accordingly, IT IS HEREBY ORDERED that:

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1. The November 4, 2021 findings and recommendations (ECF No. 92) are vacated;

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2. Plaintiff’s motion for an extension of time (ECF No. 93) is granted; and

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3. Plaintiff is granted sixty days from the date of this order in which to file an

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amended complaint. No further extensions of time will be granted but for a showing of

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substantial cause.

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Dated: November 18, 2021

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sier1067.36

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