Smith v. Wal-Mart Assoc. Inc. et al

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/14/18, GRANTING plaintiff's 5 request for an extension of time. Plaintiff shall file an amended complaint by no later than 3/12/2018. (Kastilahn, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 FRAISURE EARL SMITH, 11 Plaintiff, 12 13 14 15 16 v. No. 2:17-cv-968-GEB-EFB PS ORDER WAL-MART ASSOC. INC., WAL-MART STORE #3708, and MIKE PHILLIPS, Defendants. On January 10, 2018, the court dismissed plaintiff’s amended complaint, explained the 17 deficiencies therein, and granted plaintiff thirty days to file an amended complaint. ECF No. 4. 18 Plaintiff now requests an extension of time in which to file an amended complaint. ECF No. 5. 19 The request is granted. 20 The court notes that preparing an amended complaint does not require extensive legal 21 research, as it should not contain any legal citations, but only a short and plain statement of the 22 facts showing that plaintiff is entitled to relief. Accordingly, plaintiff’s request for an extension 23 of time (ECF No. 5) is granted, and plaintiff shall file an amended complaint by no later than 24 March 12, 2018. Failure to file an amended complaint will result in a recommendation that this 25 action be dismissed. See Fed. R. Civ. P. 41(b). 26 DATED: February 14, 2018. 27 28

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