Espino v. Arnold
Filing
16
ORDER signed by Magistrate Judge Allison Claire on 10/16/2019 VACATING the 14 findings and recommendations issued by this court on 9/27/2019, and GRANTING plaintiff's 15 motion for an extension of time. Plaintiff has 60 days to file his amended complaint. Absent exigent circumstances, no further extensions of time will be granted. (Yin, K)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
10
MARTIN ESPINO,
11
No. 2:17-cv-2198 KJM AC P
Plaintiff,
12
v.
13
ERIC ARNOLD,
14
ORDER
Defendant.
15
16
On October 10, 2019, plaintiff filed a motion for a sixty-day extension of time to file an
17
amended complaint. ECF No. 15. This is plaintiff’s second request for an extension of time.
18
Plaintiff’s first request for a ninety-day extension of time to file an amended complaint was
19
granted on June 24, 2019. See ECF Nos. 12, 13.
20
The instant request for an extension of time was filed after the court issued its September
21
27, 2019 order recommending that this action be dismissed pursuant to Local Rule 110 and
22
Federal Rule of Civil Procedure 41(b) (failure to comply with a court order). See ECF No. 14 at
23
1. A ruling on those findings and recommendations by the District Court Judge assigned to this
24
action is pending.
25
In support of the extension request, plaintiff states that when he asked for the first
26
extension back in June 2019, he subsequently requested the wrong series of medical records from
27
CSP-Solano, records that will help him identify the John Doe defendants in this matter. See ECF
28
No. 15 at 1. As a result, he needs additional time to request and receive the proper range of
1
medical records. Plaintiff also points out his language barrier and his status as a “layman at law”
2
to support the extension request. See id. The court also notes that a third party has assisted
3
plaintiff with drafting this motion. See id.
4
Good cause appearing, IT IS HEREBY ORDERED that:
5
1. The findings and recommendations issued by this court on September 27, 2019 (ECF
6
7
8
9
10
11
12
No. 14) are VACATED;
2. Plaintiff’s second request for an extension of time, filed October 10, 2019 (ECF No.
15), is GRANTED;
3. Plaintiff shall have sixty days from the date of this order to file his amended
complaint, and
4. Absent exigent circumstances, no further extensions of time will be granted.
DATED: October 16, 2019
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?