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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEXTER BROWN,
Plaintiff,

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v.

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No. 2:17-cv-2041 KJM AC P

ORDER

PURUSHOTTAMA SAGIREDDY,
Defendant.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action filed pursuant to

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42 U.S.C. § 1983. On October 13, 2017, the undersigned filed findings and recommendations

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concluding that plaintiff is a three strikes litigant under 28 U.S.C. § 1915(g) whose complaint

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does not meet the imminent danger exception. This court’s recommendation that plaintiff be

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denied leave to proceed in forma pauperis, and instead be required to pay the full filing fee as a

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precondition to proceed with this action, is currently pending before the district judge. See ECF

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No. 3.

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Plaintiff has now filed a request for extended time to file an amended complaint. See ECF

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No. 5. Plaintiff states that he has been delayed in the preparation of an amended complaint due to

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closures of the prison law library. However, as a three strikes litigant, plaintiff cannot proceed in

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this action unless he first pays the filing fee. Absent such payment, or the rejection of the

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undersigned’s findings and recommendations by the district judge, plaintiff cannot proceed on his
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original complaint or an amended complaint. Should either alternative occur, plaintiff may renew

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his request to proceed on an amended complaint.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for extended time to file

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an amended complaint, ECF No. 5, is DENIED without prejudice.

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DATED: November 13, 2017.

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