Langley v. Domeier et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 5/4/2017 GRANTING plaintiff's 8 motion to amend and 9 motion for extension of time; plaintiff has 30 days to file an amended complaint. Plaintiff's 10 motion for appointment of an investigator is DENIED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LANGLEY,

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No. 2:17-cv-0760 KJN P

Plaintiff,
v.

ORDER

FRANK DOMEIER, et al.,

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Defendants.

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Plaintiff is a prisoner, proceeding without counsel, with a civil rights action pursuant to 42
U.S.C. § 1983.
On April 14, 2017, the undersigned found that plaintiff’s complaint stated a potentially

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colorable claim against defendant Domeier. (ECF No. 3.) The undersigned found that plaintiff

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did not state potentially colorable claims against defendants Placer County Sheriff’s Department

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and Placer County. (Id.) The claims against defendants Placer County Sheriff’s Department and

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Placer County were dismissed with leave to amend. (Id.) Plaintiff was advised that he could

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either proceed with his potentially colorable claim against defendant Domeier or file an amended

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complaint. (Id.)

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On April 26, 2017, plaintiff filed a motion to amend. (ECF No. 8.) In this document,

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plaintiff states that he intends to file an amended complaint. On April 26, 2017, plaintiff also

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filed a motion for a thirty days extension of time to file an amended complaint. (ECF No. 9.)
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Good cause appearing, plaintiff’s motion for a thirty days extension of time is granted.
On April 26, 2017, plaintiff filed a motion for appointment of an investigator. (ECF No.

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10.) Plaintiff requests that an investigator be appointed to investigate his claims. Plaintiff’s

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motion is denied as premature.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to amend (ECF No. 8) and motion for extension of time to file an

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amended complaint (ECF No. 9) are granted; plaintiff is granted thirty days from the date of this

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order to file an amended complaint;

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2. Plaintiff’s motion for appointment of an investigator (ECF No. 10) is denied.
Dated: May 4, 2017

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Lang760.eot

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