Canada v. Macomber et al

Filing 28

ORDER signed by Magistrate Judge Kendall J. Newman on 08/10/17 ordering that plaintiff is granted 30 days to file an amended complaint; if plaintiff does not intend to proceed with the instant action, he shall file a notice of voluntary dismissal within that time. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD LEE CANADA,

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Plaintiff,

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v.

No. 2: 17-cv-0070 KJN P

ORDER

MACOMBER, et al.,

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Defendants.

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

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to 42 U.S.C. § 1983. On July12, 2017, the undersigned granted plaintiff thirty days to file an

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amended complaint. (ECF No. 26.)

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On August 7, 2017, plaintiff filed a notice of change of address indicating that he was

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recently transferred to the California Men’s Colony (“CMC”). (ECF No. 27.) In this notice,

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plaintiff also requests an extension of time to respond to the July 12, 2017 order. Plaintiff states

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that he is without his legal property (apparently due to his recent transfer). Plaintiff states that

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without his legal property, he cannot determine whether he intends to proceed with this action.

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The undersigned anticipates that by the time plaintiff receives the instant order, he will have

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access to his legal property.

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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days to file an

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amended complaint; if plaintiff does not intend to proceed with the instant action, he shall file a

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notice of voluntary dismissal within that time.

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Dated: August 10, 2017

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Can70.eot
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