Johnson v. Schubert et al

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 7/17/2017 GRANTING 5 Motion for Extension to file an amended complaint. Plaintiff has 30 days from the date of this order to file his amended complaint. The 4 findings and recommendations are WITHDRAWN. If plaintiff fails to timely comply with this order, the undersigned may recommend that this action be dismissed. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OTHELLO C.M. JOHNSON,

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Plaintiff,

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No. 2:17-cv-00666-JAM-AC

v.

ORDER

ANNE MARIE SCHUBERT, et al.,

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Defendants.

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Plaintiff seeks an extension of time to comply with this court’s order providing him 30

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days to file a complaint that complies with the Federal Rules of Civil Procedure or face dismissal

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of the case for failure to prosecute. ECF No. 3. The court received plaintiff’s request after the

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previously ordered deadline had expired, and after the undersigned had submitted a report and

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recommendation to the district judge in this matter recommending dismissal. ECF Nos. 4 and 5.

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The court cautions plaintiff that motions to extend time filed on or after the deadline at issue are

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disfavored. Local Rule 144(d).

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Because this is plaintiff’s first request for an extension, and because plaintiff shows good

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cause, the motion to extend time is GRANTED. Plaintiff has 30 days from the date of this order

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to file his amended complaint. The findings and recommendations at ECF No. 4 are hereby

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withdrawn. If plaintiff fails to timely comply with this order, the undersigned may recommend

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that this action be dismissed.

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IT IS SO ORDERED.
DATED: July 17, 2017

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