Goldstein v. Horsley et al

Filing 27

ORDER by Judge ARMSTRONG granting 21 Motion for Extension of Time to Amend 1 Complaint ; granting 26 Motion Copy of Original Complaint (lrc, COURT STAFF) (Filed on 4/1/2011)

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Goldstein v. Horsley et al Doc. 27 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DON HORSLEY, et al., Defendants. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DARRYL LEE GOLDSTEIN, Plaintiff, No. C 08-04840 SBA (PR) ORDER GRANTING PLAINTIFF'S REQUEST FOR EXTENSION OF TIME TO FILE AN AMENDMENT TO THE COMPLAINT; AND GRANTING HIS MOTION FOR A COPY OF ORIGINAL COMPLAINT Plaintiff, a state prisoner, filed the instant pro se prisoner complaint under 42 U.S.C. § 1983. On February 9, 2011, the Court issued an Order in which Plaintiff was directed to amend his retaliation claims within thirty days. He was directed to file his amendment to the complaint within the thirty-day deadline, and that the failure to do so would result in dismissal of his retaliation claim without prejudice. Before the Court is Plaintiff's request for an extension of time to file his amendment to the complaint. Good cause appearing, the request is GRANTED. Plaintiff shall file his amendment to the complaint no later than thirty (30) days from the date of this Order. Plaintiff may amend only his retaliation claim and not the entire complaint. He must clearly label the document an "Amendment to the Complaint," and write in the case number for this action, Case No. C 08-04840 SBA (PR). The failure to do so on or by the thirty-day deadline will result in the dismissal of his retaliation claim without prejudice. Also before the Court is Plaintiff's motion for an Order directing the Clerk of the Court to provide Plaintiff with a copy of the original complaint. Good cause appearing, Plaintiff's request for a copy of his original complaint is GRANTED. The Clerk shall mail Plaintiff a copy of his original complaint (docket no. 1) along with this Order. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Order terminates Docket nos. 21 and 26. IT IS SO ORDERED. DATED: 3/31/11 SAUNDRA BROWN ARMSTRONG United States District Judge G:\PRO-SE\SBA\CR.08\Goldstein4840.eot-A2C.wpd 2 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.08\Goldstein4840.eot-A2C.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DARRYL LEE GOLDSTEIN, Case Number: CV08-04840 SBA Plaintiff, CERTIFICATE OF SERVICE v. DON HORSLEY et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 1, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Darryl Lee Goldstein P-79097 California State Prison - Solano 2100 Peabody Rd. Vacaville, CA 95696 Dated: April 1, 2011 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 3

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