(PC) Hammler v. Cota et al

Filing 31

ORDER signed by Magistrate Judge Jeremy D. Peterson on 12/4/2020 GRANTING 30 Motion for Extension of Time. Plaintiff may file an amended complaint on or before 1/4/2021. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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Plaintiff,

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v.

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E. COTA, et al.,

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Case No. 2:19-cv-01423-JAM-JDP (PC)
ORDER GRANTING PLAINTIFF AN
EXTENSION OF TIME TO FILE A THIRD
AMENDED COMPLAINT
ECF No. 30

Defendants.

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On October 6, 2020, the court screened plaintiff’s second amended complaint and notified

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plaintiff that the complaint failed to state a claim upon which relief may be granted. ECF No. 29.

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Plaintiff was granted thirty days to file an amended complaint. Id. at 4-5. Instead of filing an

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amended complaint, plaintiff filed a motion asking that he be permitted to stand on the allegations

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in the second amended complaint. ECF No. 30. Alternatively, he requests a thirty-day extension

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of time to file a third amended complaint. Id. Since the second amended complaint’s allegations

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fail to state a claim, see ECF No. 29, the court will grant plaintiff’s alternative request for an

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extension of time.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s motion for an extension of time, ECF No. 30, is granted.

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2. Plaintiff may file an amended complaint on or before January 4, 2021.

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3. Failure to file an amended complaint by that date will result in a recommendation that

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this case be dismissed for failure to state a claim and failure to prosecute.

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IT IS SO ORDERED.

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Dated:
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December 4, 2020
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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