White v. OConner et al.

Filing 11

ORDER signed by Magistrate Judge Carolyn K. Delaney on 04/18/17 ordering the findings and recommendations 9 are hereby vacated. No later than 60 days from the date of this order, plaintiff shall file an amended complaint as set forth in the 12/09/16 screening order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BOBBY C. WHITE,

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Plaintiff,

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No. 2:16-cv-2675 MCE CKD P

v.

ORDER

K. O’CONNER, et al.,

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Defendants.

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On January 19, 2017, the undersigned issued findings and a recommendation that this

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prisoner civil rights action be dismissed for failure to timely file an amended complaint. (ECF

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No. 9.) Plaintiff did not file objections within the allotted two weeks. However, on March 23,

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2017, plaintiff filed objections stating that, on January 18, 2017 and again on February 2, 2017,

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he was transferred between prisons and, during that period, was unable to file documents in this

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action. He requests a sixty-day extension of time to file an amended complaint. Good cause

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appearing, the court will vacate the recommendation of dismissal and grant plaintiff’s request.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. The January 19, 2017 findings and recommendations are hereby VACATED; and

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2. No later than sixty days from the date of this order, plaintiff shall file an amended

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complaint as set forth in the December 9, 2016 screening order.

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Dated: April 18, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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