(PC) Barth v. Romero et al

Filing 27

ORDER signed by Magistrate Judge Dennis M. Cota on 07/13/2021 GRANTING 25 CONSTRUED as Motion for Extension of Time. Plaintiff shall file a Third Amended Complaint within 60 days of the date of this order.(Rodriguez, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWN DAMON BARTH,

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No. 2:19-CV-0891-JAM-DMC-P

Plaintiff,

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v.

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ROMERO, et al.,

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ORDER

Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C.

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§ 1983. Before the Court is Plaintiff’s motion to stay. ECF No. 25. He contends that he has been

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unable to attend to preparing a third amended complaint. See id. The deadline to file a third

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amended complaint was July 6, 2021. See ECF No. 24. Plaintiff timely filed the present motion.

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ECF No. 25.

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Plaintiff indicates that he has been transferred within the California prison system

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multiple times. Id. Plaintiff contends that he has been unable to access all of his legal documents in

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the light of at least three transfers, and that he has had limited access to the law library due to

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confinement to his cell for most of the day. Id.

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The Court declines to stay this action, but construes the pending request as a motion

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for an extension of time. For good cause shown, Plaintiff’s motion, construed as motion for an

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extension of time, is GRANTED. Plaintiff shall file a third amended complaint within sixty (60)

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days of the date of this order.

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IT IS SO ORDERED.

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Dated: July 13, 2021
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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