(PC) Van Huisen v. Clinton Admin., et al

Filing 31

ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/2023 PARTIALLY GRANTING 30 Motion for Extension of Time. Plaintiff is GRANTED 30 days from the date of this order to file a Second Amended Complaint or advise the court if he intends to proceed on his 27 First Amended Complaint. (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY SCOTT VAN HUISEN,

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Plaintiff,

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No. 2:23-cv-1596 DJC KJN P

v.

ORDER

CLINTON ADMINISTRATION, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. On September 22,

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2023, plaintiff was relieved of the obligation to file a first amended complaint until sixty days

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from the date the district court addressed plaintiff’s request for reconsideration. On September

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25, 2023, plaintiff filed an amended complaint, but the district court did not deny plaintiff’s

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motion for reconsideration until October 5, 2023. Then, on October 27, 2023, plaintiff sought

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another extension of time to file an amended complaint.
Because it is unclear whether plaintiff intends to stand on the September 25, 2023

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amended complaint or wishes to file a different amended complaint, plaintiff is granted thirty

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days in which to either file a second amended complaint or inform the court whether he intends to

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stand on his first amended complaint. If plaintiff fails to respond to this order, the court will

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proceed on his September 25, 2023 amended complaint.

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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 partially granted; and

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2. Plaintiff is granted thirty days from the date of this order to file a second amended

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complaint or advise the court if he intends to proceed on his first amended complaint (ECF No.

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27).

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Dated: November 15, 2023

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/vanh1596.36b

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