Robison v. CDCR et al

Filing 15

ORDER signed by Magistrate Judge Allison Claire on 03/04/19 DENYING 14 Motion for leave to file an amended complaint for the reasons set forth in the court's screening order and findings and recommendations. Plaintiff is granted 14 days after service of this order to file objections to the findings and recommendations. No further extensions of time will be granted. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLENN WYATT ROBISON,

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No. 2:18-cv-0441 JAM AC P

Plaintiff,
v.

ORDER

CDCR, et al.,
Defendants.

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Plaintiff has filed a “motion to amend . . . rather [than] electing to object” to the

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undersigned’s findings and recommendations filed December 4, 2018. See ECF No. 14. The

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findings and recommendations reflect the court’s screening of the original complaint pursuant to

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28 U.S.C. § 1915A, and recommend dismissal of this action for failure to state a potentially

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cognizable claim for relief. See ECF No. 11. The court granted plaintiff’s prior request for

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extended time to file objections to the findings and recommendations. See ECF Nos. 12, 13. In

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his present motion, plaintiff requests a further extension of time to file objections if the court

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denies his request to file an amended complaint. ECF No. 14.

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For the reasons set forth in the court’s findings and recommendations, see ECF No. 11,

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the undersigned finds that amendment of the complaint would be futile; the request will therefore

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be denied. However, plaintiff will be granted an additional fourteen days to file objections to the

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findings and recommendations; no further extensions of time will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for leave to file an amended complaint, ECF No. 14, is denied for the

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reasons set forth in the court’s screening order and findings and recommendations (see ECF No.

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11);

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2. Plaintiff is granted fourteen (14) days after service of this order to file objections to the
findings and recommendations;
3. No further extensions of time will be granted.
DATED: March 4, 2019

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