Carroll v. Spearman

Filing 31

ORDER signed by Magistrate Judge Deborah Barnes on 5/20/2019 DENYING without prejudice plaintiff's 30 motion for an extension of time to file an amended complaint and motion for appointment of counsel. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TREYMAYNE 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 who was proceeding pro se and in forma pauperis with a civil

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rights action under 42 U.S.C. § 1983. Plaintiff claims officials at High Desert State Prison failed

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to provide him with safe living conditions in violation of the Americans with Disabilities Act,

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used excessive force, and retaliated against him. On April 17, 2019, the District Judge adopted

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the undersigned’s recommendation that this action be dismissed for failure to file an amended

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complaint, judgment was entered, and this case was closed. (ECF Nos. 28, 29.) Presently before

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the court is plaintiff’s motion for an extension of time to file an amended complaint and request

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for the appointment of counsel. (ECF No. 30.) It is not immediately clear from plaintiff’s filing

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whether he is aware that judgment has been entered in this action. The court will not consider

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reopening this action until such time as plaintiff files a proposed amended complaint, along with a

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motion to reopen this action or a motion for relief from judgment.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for an extension of time

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to file an amended complaint and motion to appoint counsel (ECF No. 30) is denied without

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prejudice.

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Dated: May 20, 2019

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:12
DLB:1/Orders/Prisoner-Civil Rights/carr0862.reopen

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