Langston v. California Department of Corrections and Rehabilitation et al

Filing 5

ORDER signed by Magistrate Judge Deborah Barnes on 11/9/16 ORDERING that plaintiff's motion for an extension of time (ECF No. 4 ), construed as an extension of deadlines set by this court, is GRANTED. Within 30 days of the date of this order, p laintiff shall file an amended complaint, as explained in the September 28 order, and a motion to proceed in forma pauperis or pay the filing fee. Plaintiff is warned that his failure to meet this deadline will result in a recommendation that his case be dismissed without prejudice.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WALTER SHANE LANGSTON,

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Plaintiff,

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No. 2:16-cv-2255 DB P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §

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1983. On September 28, 2016, the court gave plaintiff thirty days to file an amended complaint,

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either in this proceeding or in a new proceeding in the Fresno Division of this court, and an

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application to proceed in forma pauperis or the filing fee. (ECF No. 3.) On October 28, 2016,

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plaintiff moved for an extension of time to “file [a] grievance with prison administration.” (ECF

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No. 4.) Plaintiff is advised that the court cannot grant an extension of time to file a grievance

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with the prison. See Martinez v. Roberts, 804 F.2d 570, 571 (9th Cir. 1986). Plaintiff must

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contact prison authorities with that request. Plaintiff is further advised that he must exhaust his

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administrative remedies through the grievance and appeal procedures before he may seek relief in

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this court. See McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002).

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The court will liberally construe plaintiff’s motion for an extension of time as also seeking

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an extension of the deadlines set out in the court’s September 28, 2016 order. Good cause

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appearing, IT IS HEREBY ORDERED that plaintiff’s motion for an extension of time (ECF No.

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4), construed as an extension of deadlines set by this court, is granted. Within thirty days of the

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date of this order, plaintiff shall file an amended complaint, as explained in the September 28

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order, and a motion to proceed in forma pauperis or pay the filing fee. Plaintiff is warned that his

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failure to meet this deadline will result in a recommendation that his case be dismissed without

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prejudice.

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Dated: November 9, 2016

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DLB:9
DLB1/prisoner-civil rights/lang2255.eot

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