Marshall v. Alameda County Sheriff's Department

Filing 9

ORDER by Judge Yvonne Gonzalez Rogers granting in part and denying in part 8 Motion for Extension of Time to Amend 1 Complaint. Plaintiff to file amended complaint by 4/5/2013. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 1/30/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 United States District Court For the Northern District of California 10 No. C 12-02849 YGR (PR) ALEXANDER MARSHALL, Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S REQUEST FOR AN EXTENSION OF TIME TO FILE AMENDED COMPLAINT vs. ALAMEDA COUNTY JAIL, Defendant. 11 / 12 Plaintiff filed this pro se civil rights action under 42 U.S.C. ยง 1983. 13 In an Order dated December 5, 2012, the Court dismissed Plaintiff's complaint with leave to 14 amend. The Court granted Plaintiff thirty days from the date of that Order to file an amended 15 complaint. Plaintiff's amended complaint was due on January 4, 2013; however, to date he has not 16 filed his amended complaint. 17 Plaintiff has filed a request for an extension of time of "one year" in which to file his 18 amended complaint on the grounds that he will be released from jail on March 18, 2013 and that he 19 "need[s] to wait for [his] release and book a court date in the superior court to formally request the 20 Sheriff Department Classification and Costody [sic] records for [him]self . . . ." (Pl.'s Mot. for EOT 21 at 1.) He adds that he needs the extension in order to determine the dates of the alleged 22 constitutional violations and to "provide the names of the Sgt. and Captains" involved and "hold 23 them accountable." (Id. at 2.) Having read and considered Plaintiff's request, 24 IT IS HEREBY ORDERED that Plaintiff's request for an extension of time is GRANTED in 25 part and DENIED in part. Plaintiff was initially given thirty days to amend his complaint, which 26 should have given him ample opportunity to meet this deadline. The Court finds that a one-year 27 extension is not warranted, but instead it will grant Plaintiff a ninety-one-day extension. Plaintiff 28 shall file his amended complaint on or by April 5, 2013. 1 This Order terminates Docket no. 8. 2 IT IS SO ORDERED. 3 DATED: January 30, 2013 4 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\YGR\CR.12\Marshall2849.grantEOTamend.wpd 2

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