Lopez v. California Hospital Care Facility

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/2017 GRANTING 8 Request for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in while to file an amended complaint. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EUTIMIO LOPEZ,

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Plaintiff,

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No. 2:17-cv-1533 KJN P

v.

ORDER

CALIFORNIA HOSPITAL CARE
FACILITY,
Defendant.

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By order filed July 28, 2017, plaintiff’s complaint was dismissed and he was granted

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thirty days in which to file an amended complaint. Thirty days have now passed and plaintiff has

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not filed an amended complaint. However, on August 7, 2017, plaintiff wrote a letter to the

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clerk’s office apologizing for the delay. Also, plaintiff consented to proceed before the

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undersigned for all purposes. See 28 U.S.C. § 636(c).

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It is unclear whether plaintiff intended by his letter to seek an extension of time in which

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to file his amended complaint. However, in an abundance of caution, the undersigned construes

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his letter as such a request, and grants plaintiff an additional thirty days in which to file an

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amended complaint. However, plaintiff is again reminded that failure to file an amended

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complaint in compliance with the July 28, 2017 order will result in the dismissal of this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s letter, construed as a request for an extension of time (ECF No. 8) is

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granted; and
2. Plaintiff is granted thirty days from the date of this order in which to file an amended

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complaint. Failure to timely file an amended complaint will result in the dismissal of this action.

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Dated: August 28, 2017

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/lope1533.36

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