King v. Price

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 11/28/16 ORDERING that plaintiff's motions for an extension of time to file objections (ECF Nos. 14 & 15 ) are DENIED; Plaintiff's motion for extension of time to file an amended comp laint (ECF No. 16 ) is GRANTED; and plaintiff is granted 60 days from the date of this order in which to file an amended complaint. Plaintiff is cautioned that failure to timely file an amended complaint will result in the dismissal of this action.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KEVIN LYNELL KING,

12
13
14

No. 2:16-cv-1998 KJM KJN P

Plaintiff,
v.

ORDER

JEROME PRICE, et al.,

15

Defendants.

16
17

On October 13, 2016, plaintiff’s complaint was dismissed and he was granted thirty days

18

in which to file an amended complaint. Subsequently, plaintiff filed three motions for extensions

19

of time. The first two motions sought additional time to file objections to findings and

20

recommendations. However, no findings and recommendations have issued in this action.

21

Rather, this action was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1),

22

and the undersigned screened plaintiff’s complaint by order. Thus, plaintiff’s first two motions

23

are denied.

24

Plaintiff’s third motion sought an extension of time to file an amended complaint, and

25

requests that he be granted sixty days in which to file an amended complaint or, in the alternative,

26

to stay these proceedings pending ruling on his objections to the findings and recommendations.

27

However, as set forth above, no findings and recommendations have issued. Plaintiff is required

28

to file an amended complaint or risk the dismissal of this action.

1

Good cause appearing, IT IS HEREBY ORDERED that:

2

1. Plaintiff’s motions for an extension of time to file objections (ECF Nos. 14 & 15) are

3
4
5
6

denied;
2. Plaintiff’s motion for extension of time to file an amended complaint (ECF No. 16) is
granted; and
3. Plaintiff is granted sixty days from the date of this order in which to file an amended

7

complaint. Plaintiff is cautioned that failure to timely file an amended complaint will result in the

8

dismissal of this action.

9

Dated: November 28, 2016

10
11
king1998.36

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2