Brown v. Sagireddy

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 11/13/2017 DENYING without prejudice 5 Request for Extended Time to File an Amended Complaint. (Henshaw, R)

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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 DEXTER BROWN, Plaintiff, 12 v. 13 14 No. 2:17-cv-2041 KJM AC P ORDER PURUSHOTTAMA SAGIREDDY, Defendant. 15 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action filed pursuant to 18 42 U.S.C. § 1983. On October 13, 2017, the undersigned filed findings and recommendations 19 concluding that plaintiff is a three strikes litigant under 28 U.S.C. § 1915(g) whose complaint 20 does not meet the imminent danger exception. This court’s recommendation that plaintiff be 21 denied leave to proceed in forma pauperis, and instead be required to pay the full filing fee as a 22 precondition to proceed with this action, is currently pending before the district judge. See ECF 23 No. 3. 24 Plaintiff has now filed a request for extended time to file an amended complaint. See ECF 25 No. 5. Plaintiff states that he has been delayed in the preparation of an amended complaint due to 26 closures of the prison law library. However, as a three strikes litigant, plaintiff cannot proceed in 27 this action unless he first pays the filing fee. Absent such payment, or the rejection of the 28 undersigned’s findings and recommendations by the district judge, plaintiff cannot proceed on his 1 1 original complaint or an amended complaint. Should either alternative occur, plaintiff may renew 2 his request to proceed on an amended complaint. 3 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for extended time to file 4 an amended complaint, ECF No. 5, is DENIED without prejudice. 5 DATED: November 13, 2017. 6 7 8 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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