Williams v. Small et al

Filing 44

ORDER Re: 43 Motion for Status Update on Plaintiff's Application for Reconsideration and Motion for Leave to File Third Amended Complaint. The Court grants Plaintiff an additional 30 days from the date this Order is filed in which to submit a third amended complaint that complies with the terms andconditions stated in the Court's 2/14/2011 Order. Signed by Judge Michael M. Anello on 8/23/2011. (Order dated 2/14/2011 mailed to Plaintiff) (All non-registered users served via U.S. Mail Service)(leh)(jrd)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 STEPHEN JEROME WILLIAMS, 11 CASE NO. 09cv1957-MMA (RBB) Plaintiff, 12 vs. ORDER RE: INFORMAL REQUEST FOR STATUS UPDATE 13 14 LARRY SMALL, et al., [Doc. No. 43] Defendant. 15 On January 1, 2011, Plaintiff Stephen Jerome Williams, a state inmate currently incarcerated 16 17 at Calipatria State Prison, located in Calipatria, California, proceeding pro se, submitted a motion 18 for reconsideration pursuant to Civil Local Rule 7.1(i) and for leave to file an amended complaint 19 pursuant to Federal Rule of Civil Procedure 15(a). See Doc. No. 41. Plaintiff requested the Court 20 reconsider its November 3, 2010 order granting Defendants’ motion to dismiss and allow leave to 21 amend those claims for relief previously dismissed with prejudice and without leave to amend. For 22 the reasons stated in the Court’s February 14, 2011 Order, the Court granted in part and denied in 23 part Plaintiff’s motion for reconsideration. See Doc. No. 42. Because the Court granted Plaintiff 24 further leave to amend, the Court declined to accept his proposed third amended complaint for filing 25 and instead allowed Plaintiff an additional thirty (30) days in which to file a third amended 26 complaint that complied with the terms and conditions stated in the Court’s February 14, 2011 27 Order. 28 /// -1- 09cv1957 1 To date, Plaintiff has not filed a third amended complaint. On August 11, 2011, Plaintiff 2 submitted an informal request for a status update on his motion for reconsideration. See Doc. No. 3 43. According to Plaintiff, he “is unaware of the status of the pending Application and Motion, and 4 as a California State Prisoner proceeding pro se, I am unable to call the Court, or log on to the 5 Court’s website to check on the status of the Application and Motion.” Plaintiff goes on to state that 6 he is “concerned whether the Court has in fact received the aforementioned Application and 7 Motion” because “there have been instances in the past where prison staff have either lost of failed 8 to process an inmate’s legal mail . . .” 9 Based on Plaintiff’s submission, and because his current mailing address is slightly different 10 from the address on record in February, the Court concludes that it is indeed likely that Plaintiff did 11 not receive his courtesy copy via U.S. mail of the Court’s February 14, 2011 Order. The Court 12 therefore instructs the Clerk of Court to attach a copy of the Order [Doc. No. 42] hereto, and mail 13 both documents to Plaintiff at his corrected address, which has been updated on the docket of the 14 case. 15 Furthermore, the Court grants Plaintiff an additional thirty (30) days from the date this 16 Order is filed in which to submit a third amended complaint that complies with the terms and 17 conditions stated in the Court’s February 14, 2011 Order. 18 19 IT IS SO ORDERED. DATED: August 23, 2011 20 21 Hon. Michael M. Anello United States District Judge 22 23 24 25 26 27 28 -2- 09cv1957

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