Everett v. Patterson et al

Filing 22

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/27/2018 GRANTING 21 Request for an Extension of Time. Plaintiff is GRANTED 30 days from the date of this order in which to file a first amended complaint. Failure to file an amended complaint within 30 days will result in a recommendation that this action be dismissed. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD C. EVERETT,

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Plaintiff,

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No. 2:18-cv-01082 CKD P

v.

ORDER

PATTERSON, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. On November 15, 2018, plaintiff’s complaint was

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dismissed with leave to file an amended complaint within 30 days. ECF No. 18. On November

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19, 2018, plaintiff sent a letter to this court indicating his desire to file an amended complaint.

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ECF No. 21. However, plaintiff has yet to file an amended complaint. The court will sua sponte

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construe plaintiff’s letter as a request for an extension of time to file an amended complaint. So

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construed, the motion will be granted. Good cause appearing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for an extension of time is granted; and

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2. Plaintiff is granted thirty days from the date of this order in which to file a first

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amended complaint. Failure to file an amended complaint within 30 days will result in a

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recommendation that this action be dismissed.

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Dated: December 27, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/ever1082.36(1).docx

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