Carroll v. Spearman

Filing 16

ORDER signed by Magistrate Judge Deborah Barnes on 1/11/2018 VACATING the 14 findings and recommendations filed on 12/11/2017; DENYING without prejudice plaintiff's 15 motion for a temporary stay; and GRANTING plaintiff's 15 motion for an extension of time. Within 30 days, plaintiff shall file his amended complaint. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TREMAYNE DEON CARROLL,

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Plaintiff,

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No. 2:17-cv-0862 JAM DB P

v.

ORDER

SPEARMAN, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. Presently before the court is plaintiff’s motion for an extension of

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time and motion to stay the proceedings. (ECF No. 15.)
By its order of July 26, 2017 the court screened plaintiff’s complaint and gave plaintiff

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thirty days to file an amended complaint. (ECF No. 7.) Plaintiff previously moved for and was

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granted an additional sixty days in which to file an amended complaint. After the extension of

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time expired and plaintiff had not filed an amended complaint, the court directed plaintiff to file

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an amended complaint within fourteen days and warned him that failure to comply could result in

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dismissal of this action for failure to comply with court orders. (ECF No. 12.) Plaintiff did not

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file an amended complaint and the court issued findings and recommendations that this action be

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dismissed. (ECF No. 14.)

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Plaintiff thereafter filed a motion to stay the proceedings and motion for an extension of

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time. (ECF No. 15.) Plaintiff informed the court he does not have access to his legal property

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and requests a thirty day extension of time to file an amended complaint once he receives his

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property. Plaintiff also requested a stay of the proceedings because he does not currently have

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access to his legal property. In order for the court to determine whether or not a stay is

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appropriate in this matter plaintiff must inform the court of the reason he does not have access to

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his legal property and, if possible, when he believes he may regain access to his legal property.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed on December 11, 2017 (ECF No. 14) are

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vacated

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2. Plaintiff’s motion for a temporary stay (ECF No. 15) is denied without prejudice and

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3. Plaintiff’s motion for an extension of time is granted. Within thirty days of the date of

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this order, plaintiff shall file his amended complaint. Plaintiff is warned that his

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failure to do so may result in a recommendation that this action be dismissed.

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Dated: January 11, 2018

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DLB12
DLB1/Orders/Prisoner-Civil rights/carr0862.36obj

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