Henderson v. Unknown

Filing 7

ORDER signed by Magistrate Judge Deborah Barnes on 1/5/2018 GRANTING 6 Motion for Extension of Time. Plaintiff granted 60 days from the date of this order in which to file an amended complaint and application to proceed IFP. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM MARTIN HENDERSON,

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Plaintiff,

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No. 2:17-cv-2121 DB P

v.

ORDER

UNKNOWN,

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Defendant.

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On October 12, 2017, plaintiff, a state prisoner proceeding pro se, filed a letter with the

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court asking it to allow him to be permanently housed in a single cell. (See ECF No. 1). At that

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time, plaintiff had filed no other pleadings. On December 4, 2017, the court denied plaintiff’s

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request and ordered him to file a formal civil rights complaint in this court within thirty days.

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(See ECF No. 5). To assist plaintiff, the court directed that its form for filing a civil rights action,

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as well as an application to proceed in forma pauperis be sent to plaintiff. (See id.).
On December 22, 2017, plaintiff filed a motion for an extension of time until March 5,

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2018 to file his complaint and in forma pauperis documents. (ECF No. 6). In support of this

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request, plaintiff lists the effects of his mental health illnesses, his current lack of access to his

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administrative appeals and legal paperwork, as well as his search for an attorney to represent him

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in the instant matter as factors that warrant such a large extension of time. (See ECF No. 6).

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Good cause appearing, the court will grant plaintiff an extension of time to file an

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amended complaint and his in forma pauperis documents. The court, however, has an obligation

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to manage its docket in an expeditious manner. See, e.g., Link v. Wabash, 370 U.S. 626, 629-31

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(1962) (stating federal court power to dismiss action for failure to prosecute is necessary to

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prevent undue delay in disposition of pending cases and avoid congestion in district courts); see

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generally Goodyear Tire & Rubber Co. v. Haeger, 137 S. Ct. 1178, 1186 (2017) (citing Link).

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For this reason, the court shall grant plaintiff a sole sixty-day extension of time to file an amended

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complaint and his in forma pauperis documents.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time (ECF No. 6) is GRANTED, and

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

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complaint and an application to proceed in forma pauperis.
No further extensions of time will be granted absent exigent circumstances. Plaintiff is

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also cautioned that failure to file an amended complaint within the time frame granted in this

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order may result in a dismissal of his case for failure to prosecute.

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Dated: January 5, 2018

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DLB:13
DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/hend2121.36amc

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