McMillan v. Capland et al

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/23/2019 VACATING 7 Findings and Recommendations and GRANTING 8 Motion for Extension of Time. Plaintiff shall file an amended complaint within 30 days from the date of this order. Absent plaintiff's filing of a notice of voluntary dismissal, failure to so comply will result in another recommendation of dismissal. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWIN MCMILLAN,

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Plaintiff,

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No. 2:18-cv-0523-WBS-EFB P

v.

ORDER

J. CAPLAND, et al.,

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Defendants.

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Plaintiff is a former state prisoner proceeding without counsel in an action brought under

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42 U.S.C. § 1983. On April 30, 2019, this court recommended that this action be dismissed after

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plaintiff failed to file an amended complaint in accordance with the court’s March 15, 2019

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screening order. ECF Nos. 4 & 7. Plaintiff now seeks an extension of time to either file an

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amended complaint or a notice of voluntary dismissal, explaining that he was recently paroled

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and needs additional time. ECF No. 8. Good cause appearing, IT IS HEREBY ORDERED that:

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1. The April 30, 2019 findings and recommendations (ECF No. 7) are vacated;

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2. Plaintiff’s request for an extension of time to file an amended complaint or a notice of
voluntary dismissal (ECF No. 8) is granted; and

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3. Plaintiff shall file an amended complaint within 30 days from the date of this order.

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Absent plaintiff’s filing of a notice of voluntary dismissal, failure to so comply will

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result in another recommendation of dismissal for the reasons stated in the March 15,

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2019 screening order (ECF No. 4).

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Dated: May 23, 2019.

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