Easley v. Santa Clara County Valley Medical Hospital et al

Filing 15

ORDER by Judge Lucy H. Koh Dismissing Plaintiff's Complaint Without Prejudice; Denying 14 Motion for Extension of Time. (lhklc1S, COURT STAFF) (Filed on 9/7/2021)<hr><center>Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)</center>

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Case 5:21-cv-03011-LHK Document 15 Filed 09/07/21 Page 1 of 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 GARY D EASLEY, Plaintiff, 12 13 14 15 Case No. 21-CV-03011-LHK ORDER DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE; DENYING MOTION FOR EXTENSION OF TIME v. SANTA CLARA COUNTY VALLEY MEDICAL HOSPITAL, et al., Defendants. 16 17 On April 23, 2021, Plaintiff Gary Easley (“Plaintiff”), proceeding pro see, filed a 18 complaint in the instant case. ECF No. 1. On April 27, 2021, Judge Nathanael Cousins, to whom 19 this case was originally assigned, granted Plaintiff’s application to proceed in forma pauperis and 20 screened Plaintiff’s complaint under 28 U.S.C. § 1915. ECF No. 4. Judge Cousins found that 21 Plaintiff’s complaint failed to state a claim. Id. at 3. Judge Cousins therefore ordered Plaintiff to 22 file an amended complaint by May 27, 2021. Id. at 3. Judge Cousins warned Plaintiff that if 23 24 25 26 27 28 Plaintiff’s amended complaint failed to cure the deficiencies identified in Judge Cousins’ order, Judge Cousins would recommend termination and dismissal of the complaint. Id. Five days after the May 27, 2021 deadline had passed, Plaintiff on June 1, 2021 filed a 1 Case No. 21-CV-03011-LHK ORDER DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE; DENYING MOTION FOR EXTENSION OF TIME Case 5:21-cv-03011-LHK Document 15 Filed 09/07/21 Page 2 of 3 1 motion requesting an extension of the deadline to file an amended complaint to June 25, 2021. 2 ECF No. 5. On June 4, 2021, the case was reassigned to the undersigned judge. ECF No. 7. On 3 June 8, 2021, the Court granted Plaintiff’s motion for an extension of the June 1, 2021 deadline to 4 file an amended complaint to June 25, 2021. ECF No. 8. 5 6 Three days after the June 25, 2021 deadline had passed, Plaintiff on June 28, 2021 filed a motion requesting a second extension of the deadline to file an amended complaint to July 25, 7 8 9 2021. ECF No. 9. On July 1, 2021, the Court granted Plaintiff’s motion for an extension of the June 25, 2021 deadline to file an amended complaint to July 25, 2021. ECF No. 10. Four days after the July 25, 2021 deadline had passed, Plaintiff on July 29, 2021 filed a 11 United States District Court Northern District of California 10 motion requesting a third extension of the deadline to file an amended complaint to August 25, 12 2021. ECF No. 12. On August 5, 2021, the Court granted Plaintiff’s motion for an extension of 13 the July 25, 2021 deadline to August 25, 2021, but the Court warned Plaintiff that the Court had 14 already granted three extensions of the deadline and would not grant a fourth extension. ECF No. 15 16 13. 17 Five days after the August 25, 2021 deadline had passed, Plaintiff on August 30, 2021 filed 18 a motion requesting a fourth extension of the deadline to file an amended complaint. ECF No. 14. 19 In support of Plaintiff’s motion for an extension of the deadline, Plaintiff states that “the United 20 States resorted to computer infiltration and espionage to prevent as alleged, the Plaintiff from 21 22 submitting to the Court information regarding ISIS terrorist group in relation to his ‘poor me’ civil litigation.” Id. at 3. Plaintiff goes on to explain that a “subversive group” worked in collusion 23 24 25 26 27 28 with Microsoft to time a hard-drive update to “crash and fry” all information on Plaintiff’s computer, thus depriving Plaintiff of the ability to submit an amended complaint. Id. On August 5, 2021, the Court clearly warned Plaintiff that the Court would not grant a 2 Case No. 21-CV-03011-LHK ORDER DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE; DENYING MOTION FOR EXTENSION OF TIME Case 5:21-cv-03011-LHK Document 15 Filed 09/07/21 Page 3 of 3 1 fourth extension of the deadline to file an amended complaint in this case. See ECF No. 13. 2 Moreover, the Court does not find that Plaintiff has shown good cause to support a fourth 3 extension of the deadline to file an amended complaint. Thus, the Court DENIES Plaintiff’s 4 motion for a fourth extension of time to file an amended complaint. 5 6 Finally, Plaintiff has failed to file an amended complaint that cures the deficiencies identified in Judge Cousins’ April 27, 2021 order screening Plaintiff’s complaint pursuant to 28 7 8 9 U.S.C. § 1915. Accordingly, the Court hereby DISMISSES Plaintiff’s complaint without prejudice. IT IS SO ORDERED. 11 United States District Court Northern District of California 10 Dated: September 7, 2021 12 13 ______________________________________ LUCY H. KOH United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 21-CV-03011-LHK ORDER DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE; DENYING MOTION FOR EXTENSION OF TIME

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