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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 AARON LAMONT STRIBLING, Case No. 16-cv-01277-YGR (PR) Plaintiff, 5 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR RECONSIDERATION v. 6 7 DR. ROWE, et al., Defendants. 8 9 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. 11 United States District Court Northern District of California 10 Specifically, the Court granted Plaintiff twenty-eight days from the date of the Order to amend his 12 complaint to give him an opportunity to prove that he exhausted all of his claims against each 13 Defendant. Plaintiff was warned that the failure to timely file an amended complaint would result 14 in the dismissal of this action for failure to prosecute. 15 On November 30, 2016, the Court noted that the time for Plaintiff to file his amended 16 complaint had passed, and no amended complaint had been filed. Dkt. 5. Therefore, the Court 17 dismissed the instant action without prejudice under Federal Rule of Civil Procedure 41(b). 18 Before the Court is Plaintiff’s request to “correct the record” to reflect that prison officials 19 had failed to file his “Motion to Alter Judgment,” which he had requested to be mailed to the 20 Court on December 8, 2016. Dkt. 8 at 1. The Court construes such a request as a motion for an 21 extension of time to file a motion for reconsideration of the Court’s November 30, 2016 Order. 22 23 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. 24 This Order terminates Docket No. 8. 25 IT IS SO ORDERED. 26 27 28 Dated: December 6, 2017 ______________________________________ YVONNE GONZALEZ ROGERS United States District Judge

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