(PC) White v. Hlaing

Filing 16

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/7/2019 GRANTING a final 30 day extension of time for Plaintiff to either respond to 9 Order to Show Cause or file an amended complaint. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYRANE LEE WHITE,

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No. 2:19-cv-0462-EFB P

Plaintiff,

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v.

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MIN HLAING,

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ORDER

Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1).
On April 30, 2019, the court screened plaintiff’s complaint pursuant to 28 U.S.C.

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§ 1915A. ECF No. 9. The court ordered plaintiff to show cause within 30 days why the case

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should not be dismissed for plaintiff’s failure to exhaust administrative remedies prior to filing

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suit. That order warned plaintiff that failure to so respond would result in the dismissal of this

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action.

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On May 20, 2019, plaintiff notified the court that he had received some, but not all, of the

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relief he sought by way of his initial complaint. ECF No. 12. He stated that he wished to

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abandon any claim for money damages but to pursue a claim for injunctive relief. Id. On May

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23, 2019, the court informed plaintiff that if he wished to so proceed, he must file an amended
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complaint within 30 days and that failure to do so would result in the dismissal of this action.

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ECF No. 13.

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The time for acting had passed and plaintiff had neither responded to the court’s order to

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show cause nor filed an amended complaint. In an abundance of caution, the court extended to

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plaintiff a final 30-day extension of time to either respond to the April 30, 2019 order to show

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cause or file an amended complaint in accordance with the May 23, 2019 order. That order was

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returned to the court by the United States Postal Service as undeliverable and since then, plaintiff

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has filed a notice of change of address. ECF No. 15.

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Accordingly, IT IS ORDERED that plaintiff is granted a final 30-day extension of time to

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either respond to the April 30, 2019 order to show cause or file an amended complaint in

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accordance with the May 23, 2019 order. Failure to so comply will result in a recommendation of

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dismissal for failure to prosecute.

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So ordered.

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DATED: October 7, 2019.

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