Coleman v. Grounds

Filing 10

ORDER by Judge ARMSTRONG granting 8 Motion for Extension of Time to Amend 1 Petition for Writ of Habeas Corpus ; denying 9 Motion to Stay (lrc, COURT STAFF) (Filed on 7/10/2012)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 MALCOLM COLEMAN, 5 6 7 No. C 11-03463 SBA (PR) Plaintiff, ORDER GRANTING PLAINTIFF'S REQUEST FOR EXTENSION OF TIME TO FILE AMENDED COMPLAINT AND DENYING HIS MOTION TO PLACE THE CASE IN ABEYANCE v. RANDY GROUNDS, et al., Defendants. 8 / 9 Plaintiff, a state prisoner, filed the instant pro se prisoner complaint under 42 U.S.C. ยง 1983. United States District Court For the Northern District of California 10 11 The Court has dismissed Plaintiff's complaint with leave to amend. To date, Plaintiff's amended complaint is overdue. Before the Court is Plaintiff's motion for 12 13 an extension of time to file an amended complaint due to his lack of access to the prison's law 14 library. (Docket no. 8.) On June 21, 2012, Plaintiff filed a document entitled, "Notice And Request 15 to Place Case in Abeyance." (Docket no. 9.) Plaintiff again claims that he lacks access to the 16 prison's law library, but he now requests that "the case be placed in abeyance." (June 21, 2012 Mot. 17 at 2.) 18 Plaintiff's June 21, 2012 filing appears to request an indefinite extension of time in which to 19 file his amended complaint. This request (docket no. 9) is DENIED. The Court, however, 20 GRANTS Plaintiff's motion for an extension of time (docket no. 8), and the time in which Plaintiff is 21 permitted to file his amended complaint is extended up to and including twenty-eight (28) days 22 from the date of this Order. 23 24 If Plaintiff fails to file an amended complaint by the deadline above, this action will be dismissed. 25 This Order terminates Docket nos. 8 and 9. 26 IT IS SO ORDERED. 27 28 DATED: 7/9/12 SAUNDRA BROWN ARMSTRONG United States District Judge 1 2 3 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MALCOLM COLEMAN, Case Number: CV11-03463 SBA 4 5 6 7 Plaintiff, CERTIFICATE OF SERVICE v. RANDY GROUNDS et al, Defendant. 8 9 United States District Court For the Northern District of California 10 11 12 / 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 July 10, 2012, 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. 13 14 17 Malcolm Coleman F-28833 California Traning Facility Central P.O. Box 689 Soledad, CA 93960 18 Dated: July 10, 2012 15 16 19 Richard W. Wieking, Clerk By: Lisa Clark, Deputy Clerk 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.11\Coleman3463.EOTAMcomp&DenyABEY.wpd 2

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