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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TREMAYNE DEON CARROLL, 12 Plaintiff, 13 14 No. 2:17-cv-0862 JAM DB P v. ORDER SPEARMAN, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 action under 42 U.S.C. § 1983. Presently before the court is plaintiff’s motion for an extension of 19 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 20 21 thirty days to file an amended complaint. (ECF No. 7.) Plaintiff previously moved for and was 22 granted an additional sixty days in which to file an amended complaint. After the extension of 23 time expired and plaintiff had not filed an amended complaint, the court directed plaintiff to file 24 an amended complaint within fourteen days and warned him that failure to comply could result in 25 dismissal of this action for failure to comply with court orders. (ECF No. 12.) Plaintiff did not 26 file an amended complaint and the court issued findings and recommendations that this action be 27 dismissed. (ECF No. 14.) 28 //// 1 Plaintiff thereafter filed a motion to stay the proceedings and motion for an extension of 2 time. (ECF No. 15.) Plaintiff informed the court he does not have access to his legal property 3 and requests a thirty day extension of time to file an amended complaint once he receives his 4 property. Plaintiff also requested a stay of the proceedings because he does not currently have 5 access to his legal property. In order for the court to determine whether or not a stay is 6 appropriate in this matter plaintiff must inform the court of the reason he does not have access to 7 his legal property and, if possible, when he believes he may regain access to his legal property. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The findings and recommendations filed on December 11, 2017 (ECF No. 14) are 10 vacated 11 2. Plaintiff’s motion for a temporary stay (ECF No. 15) is denied without prejudice and 12 3. Plaintiff’s motion for an extension of time is granted. Within thirty days of the date of 13 this order, plaintiff shall file his amended complaint. Plaintiff is warned that his 14 failure to do so may result in a recommendation that this action be dismissed. 15 Dated: January 11, 2018 16 17 18 19 DLB12 DLB1/Orders/Prisoner-Civil rights/carr0862.36obj 20 21 22 23 24 25 26 27 28 2

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