(PC) Smith v. Diez et al

Filing 27

ORDER signed by Magistrate Judge Dennis M. Cota on 3/11/2021 GRANTING IN PART 24 Motion for Extension of Time and ORDERING Plaintiff to file a first amended complaint within 45 days of the date of this order. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY SMITH,

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No. 2:20-CV-0071-JAM-DMC-P
Plaintiff,

v.

ORDER

RALPH DIEZ, et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the Court is Plaintiff’s second motion, ECF No. 24, for a

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further 60-day extension of time to file a first amended complaint. Good cause appearing

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therefor, Plaintiff’s motion is granted in part.

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On October 19, 2020, the Court directed Plaintiff to file a first amended complaint

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within 30 days of the date of the order. See ECF No. 19. On November 18, 2020, Plaintiff filed a

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timely motion for a 60-day extension of time. See ECF No. 21. The Court granted that motion in

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part on November 23, 2020, and directed that Plaintiff’s first amended complaint be filed within

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30 days of the date of the order. See ECF No. 22. Plaintiff’s current motion seeking an

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additional 60 days was filed on March 1, 2021 – just over 90 days past expiration of the deadline

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set in the November 23, 2020, order. See ECF No. 24. As such, Plaintiff has already had much

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more time than granted by the Court to file a first amended complaint as initially directed in
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October 2020. Nonetheless, in the interest of justice, the Court will grant Plaintiff one additional

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extension of time.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion for an extension of time, ECCF No. 24, is granted in

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Plaintiff shall file a first amended complaint within 45 days of the date of

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part; and

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this order.

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Dated: March 11, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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