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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 KEENAN G. WILKINS, 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) ) GREG AHERN, Sheriff, Alameda County, ) et al., ) ) Defendants. ) ) No. C 10-2818 LHK (PR) ORDER GRANTING IN PART MOTION FOR EXTENSION OF TIME TO FILE SECOND AMENDED COMPLAINT (Docket No. 43.) 17 18 Plaintiff, proceeding pro se, filed an amended complaint pursuant to 42 U.S.C. § 1983 19 alleging that his constitutional rights were violated when, inter alia, as a result of competency 20 proceedings in Alameda County, he was involuntarily committed to a mental hospital. (Docket 21 No. 12.) On April 25, 2011, the court stayed the action pending resolution of the then pending 22 criminal charges against plaintiff in Alameda County because it appeared that plaintiff’s civil 23 claims would, if successful, impugn an anticipated future conviction. See Wallace v. Kato, 549 24 U.S. 384, 393 (2007). Plaintiff was instructed to request that the stay be lifted within thirty days 25 of disposition of the criminal charges against him. (Docket No. 14.) On August 7, 2013, the 26 court lifted the stay based on plaintiff’s request. (Docket No. 31.) On November 7, 2013 the 27 court screened plaintiff’s amended complaint and dismissed the amended complaint with leave 28 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 1 On January 9, 2014, the court granted plaintiff a twenty-eight day extension of time in 2 which to file a second amended complaint. (Docket No. 40.) Plaintiff has now filed another 3 motion requesting additional time in which to file a second amended complaint. (Docket No. 4 43.) Plaintiff states that he was transferred to another institution and that because of his transfer, 5 he did not receive the court’s order dated January 9, 2014, until February 13, 2014. (Id.) He 6 further states that jail officials are in possession of his legal documents and he requests a ninety- 7 day extension of time to file his second amended complaint or a stay of the proceedings until he 8 obtains his legal documents from jail officials. (Id.) 9 A stay of these proceedings is not warranted, however, in the interest of justice, the court 10 will GRANT IN PART plaintiff’s request for an extension of time file a second amended 11 complaint. Plaintiff shall file a second amended complaint no later than thirty (30) days from 12 the date this order is filed. Further requests for extensions of time will not be favored. 13 14 15 IT IS SO ORDERED. DATED: 2/25/14 LUCY H. KOH United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting In part Mot. for Ext. of Time to file Second Amended Complaint 2 P:\PRO-SE\LHK\CR.10\Wilkins818eot-2ac.wpd

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