Wilkins v. Picetti

Filing 44

ORDER by Judge Lucy H. Koh granting 43 Motion for Extension of Time to File (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 2/26/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KEENAN G. WILKINS,
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Plaintiff,
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v.
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GREG AHERN, Sheriff, Alameda County, )
et al.,
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Defendants.
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No. C 10-2818 LHK (PR)
ORDER GRANTING IN PART MOTION
FOR EXTENSION OF TIME TO FILE
SECOND AMENDED COMPLAINT

(Docket No. 43.)

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Plaintiff, proceeding pro se, filed an amended complaint pursuant to 42 U.S.C. § 1983

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alleging that his constitutional rights were violated when, inter alia, as a result of competency

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proceedings in Alameda County, he was involuntarily committed to a mental hospital. (Docket

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No. 12.) On April 25, 2011, the court stayed the action pending resolution of the then pending

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criminal charges against plaintiff in Alameda County because it appeared that plaintiff’s civil

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claims would, if successful, impugn an anticipated future conviction. See Wallace v. Kato, 549

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U.S. 384, 393 (2007). Plaintiff was instructed to request that the stay be lifted within thirty days

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of disposition of the criminal charges against him. (Docket No. 14.) On August 7, 2013, the

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court lifted the stay based on plaintiff’s request. (Docket No. 31.) On November 7, 2013 the

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court screened plaintiff’s amended complaint and dismissed the amended complaint with leave

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to amend within thirty days. (Docket No. 35.)
Order Granting In part Mot. for Ext. of Time to file Second Amended Complaint
P:\PRO-SE\LHK\CR.10\Wilkins818eot-2ac.wpd

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On January 9, 2014, the court granted plaintiff a twenty-eight day extension of time in

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which to file a second amended complaint. (Docket No. 40.) Plaintiff has now filed another

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motion requesting additional time in which to file a second amended complaint. (Docket No.

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43.) Plaintiff states that he was transferred to another institution and that because of his transfer,

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he did not receive the court’s order dated January 9, 2014, until February 13, 2014. (Id.) He

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further states that jail officials are in possession of his legal documents and he requests a ninety-

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day extension of time to file his second amended complaint or a stay of the proceedings until he

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obtains his legal documents from jail officials. (Id.)

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A stay of these proceedings is not warranted, however, in the interest of justice, the court

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will GRANT IN PART plaintiff’s request for an extension of time file a second amended

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complaint. Plaintiff shall file a second amended complaint no later than thirty (30) days from

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the date this order is filed. Further requests for extensions of time will not be favored.

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IT IS SO ORDERED.
DATED:

2/25/14
LUCY H. KOH
United States District Judge

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Order Granting In part Mot. for Ext. of Time to file Second Amended Complaint
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P:\PRO-SE\LHK\CR.10\Wilkins818eot-2ac.wpd