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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EUTIMIO LOPEZ, 12 Plaintiff, 13 14 15 No. 2:17-cv-1533 KJN P v. ORDER CALIFORNIA HOSPITAL CARE FACILITY, Defendant. 16 17 By order filed July 28, 2017, plaintiff’s complaint was dismissed and he was granted 18 19 thirty days in which to file an amended complaint. Thirty days have now passed and plaintiff has 20 not filed an amended complaint. However, on August 7, 2017, plaintiff wrote a letter to the 21 clerk’s office apologizing for the delay. Also, plaintiff consented to proceed before the 22 undersigned for all purposes. See 28 U.S.C. § 636(c). 23 It is unclear whether plaintiff intended by his letter to seek an extension of time in which 24 to file his amended complaint. However, in an abundance of caution, the undersigned construes 25 his letter as such a request, and grants plaintiff an additional thirty days in which to file an 26 amended complaint. However, plaintiff is again reminded that failure to file an amended 27 complaint in compliance with the July 28, 2017 order will result in the dismissal of this action. 28 //// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s letter, construed as a request for an extension of time (ECF No. 8) is 3 4 granted; and 2. Plaintiff is granted thirty days from the date of this order in which to file an amended 5 complaint. Failure to timely file an amended complaint will result in the dismissal of this action. 6 Dated: August 28, 2017 7 8 /lope1533.36 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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