Perry v. Lewis et al

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/2018 GRANTING 12 Motion for Extension of Time. Plaintiff has until 12/11/2018 tofile an amended complaint. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE PERRY,

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No. 2:17-cv-1979-JAM-EFB P

Plaintiff,

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v.

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J. LEWIS, et al.,

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ORDER

Defendants.

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Plaintiff is a former state prisoner proceeding without counsel in an action brought under

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42 U.S.C. § 1983. On June 29, 2018, the court screened plaintiff’s complaint pursuant to 28

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U.S.C. § 1915A. The court dismissed the complaint, explained the deficiencies therein and

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granted plaintiff thirty days in which file an amended complaint to cure the deficiencies. ECF

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No. 5. The order warned plaintiff that failure to comply would result a recommendation that this

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action be dismissed. Despite being granted a sixty-day extension of time, the time for acting

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passed and plaintiff failed to file an amended complaint or otherwise respond to the court’s order.

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Therefore, on October 23, 2018, the court issued findings and recommendations to dismiss this

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action. ECF No. 11.

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Now pending before the court is plaintiff’s November 15, 2018 request for an extension of

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time, until November 26, 2018, to file an amended complaint. ECF No. 12. The request offers

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no explanation for plaintiff’s failure to meet court deadlines or to communicate with the court. In
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an abundance of caution, the court will hold the findings and recommendations in abeyance until

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December 11, 2018, to allow plaintiff a final opportunity to file an amended complaint. The court

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is not inclined to extend the time any further.

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Accordingly, IT IS HEREBY ORDERED that plaintiff has until December 11, 2018 to

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file an amended complaint and the Clerk of the Court shall terminate ECF No. 12. Should

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plaintiff fail to so comply, the findings and recommendations will be submitted to the district

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judge for consideration.

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DATED: November 26, 2018.

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