Glass v. US Department of Justice et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/10/2017 ORDERING 4 that no later than 3/10/2017 plaintiff shall file an amended complaint that complies with the 1/6/2017 order; Failure to timely file an amended complaint will result in a recommendation that the action be dismissed. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEIGH GLASS,

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Plaintiff,

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No. 2:16-cv-2907 KJM CKD PS

v.

ORDER

UNITED STATES DEPARTMENT OF
JUSTICE, et al.,
Defendants.

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Plaintiff is proceeding in this action pro se and in forma pauperis. By order filed January

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6, 2017, plaintiff’s complaint was dismissed and thirty days leave to file an amended complaint

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was granted. The thirty day period has now expired, and plaintiff has not filed an amended

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complaint.
On February 7, 2017, plaintiff filed a motion for reconsideration by the District Judge of

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the January 6, 2017 order.1 Plaintiff is advised that Local Rule 302(c)(21) provides in relevant

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part that the duties to be performed in civil matters by a Magistrate Judge pursuant to 28 U.S.C. §

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636(a), (b)(1)(A), (b)(1)(B), (b)(3) include “[i]n Sacramento, all actions in which all the plaintiffs

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or defendants are proceeding in propria persona, including dispositive and non-dispositive

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It appears that plaintiff’s motion for reconsideration was untimely under Local Rule 303(b)
which requires such a motion to be filed within fourteen days after service of the order at issue.
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motions and matters.” L.R. 302(c)(21). The order filed January 6, 2017 was not a dispositive

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order in that plaintiff was granted leave to amend.

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Because it appears that plaintiff may have been under a misapprehension regarding the

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need to file an amended complaint in compliance with the court’s January 6, 2017 order, the court

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will grant an extension of time to file an amended complaint. Plaintiff is cautioned that the filing

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of a motion for reconsideration does not automatically stay the effect of a non-dispositive order

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issued by the Magistrate Judge.

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In accordance with the above, IT IS HEREBY ORDERED that no later than March 10,
2017 plaintiff shall file an amended complaint that complies with the January 6, 2017 order.

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Failure to timely file an amended complaint will result in a recommendation that the action be

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dismissed.

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Dated: February 10, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 glass2907.lta-eot

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