Stribling v. Rowe et al

Filing 10

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR RECONSIDERATON re 8 MOTION filed by Aaron Lamont Stribling. Signed by Judge Yvonne Gonzalez Rogers on 12/6/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 12/6/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AARON LAMONT STRIBLING,

Case No. 16-cv-01277-YGR (PR)

Plaintiff,
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ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE
MOTION FOR RECONSIDERATION

v.
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DR. ROWE, et al.,
Defendants.

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Plaintiff, proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983.
On October 14, 2016, the Court issued an Order of Dismissal with Leave to Amend. Dkt. 4.

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United States District Court
Northern District of California

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Specifically, the Court granted Plaintiff twenty-eight days from the date of the Order to amend his

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complaint to give him an opportunity to prove that he exhausted all of his claims against each

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Defendant. Plaintiff was warned that the failure to timely file an amended complaint would result

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in the dismissal of this action for failure to prosecute.

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On November 30, 2016, the Court noted that the time for Plaintiff to file his amended

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complaint had passed, and no amended complaint had been filed. Dkt. 5. Therefore, the Court

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dismissed the instant action without prejudice under Federal Rule of Civil Procedure 41(b).

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Before the Court is Plaintiff’s request to “correct the record” to reflect that prison officials

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had failed to file his “Motion to Alter Judgment,” which he had requested to be mailed to the

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Court on December 8, 2016. Dkt. 8 at 1. The Court construes such a request as a motion for an

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extension of time to file a motion for reconsideration of the Court’s November 30, 2016 Order.

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Plaintiff’s motion is GRANTED. Plaintiff shall file a motion for reconsideration no later
than twenty-eight (28) days from the filing date of this Order.

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This Order terminates Docket No. 8.

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IT IS SO ORDERED.

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Dated: December 6, 2017
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YVONNE GONZALEZ ROGERS
United States District Judge