Atlas v. Fox et al.

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 8/15/2017 ORDERING the Clerk to send plaintiff a copy of the court's 6/20/2017 order. Plaintiff shall have 30 days to submit an amended complaint in accordance with the 6/20/2017 order. If plaintiff believes he needs additional time to submit an amended complaint, he may submit a motion for a reasonable extension of time. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALBERT ATLAS,

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No. 2:17-cv-00286 AC P

Plaintiff,
v.

ORDER

ROBERT FOX, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On June 20, 2017, the court determined that his complaint failed to state a

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cognizable claim and dismissed it with leave to amend within thirty days. ECF No. 5. That

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deadline passed and, on July 28, 2017, the court entered an order which afforded plaintiff a final

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thirty days to submit an amended complaint. ECF No. 8. On August 10, 2017, plaintiff filed

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objections to the July 28 order in which he stated that he had never received the June 20 order

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and, consequently, was unaware of the opportunity or deadline for filing an amended complaint.

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ECF No. 9 at 1-2. He speculates that mailroom staff at the California Medical Facility may be

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interfering with his mail. Id.

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In light of plaintiff’s objections, the court will direct that a second copy of the June 20

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order be sent to him and it will extend the deadline for filing an amended complaint accordingly.

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It is THEREFORE ORDERED that:
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1.

The Clerk of Court shall send plaintiff a copy of the court’s June 20, 2017 order

(ECF No. 5);
2.

Plaintiff shall have thirty days from the date of this order’s entry to submit an

amended complaint in accordance with June 20, 2017 order; and
3.

If plaintiff believes he needs additional time to submit an amended complaint, he

may submit a motion for a reasonable extension of time.
IT IS SO ORDERED.
DATED: August 15, 2017

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