Hagan v. Bluman et al
ORDER Granting Extension of Time to File First Amended Complaint. The Court grants Plaintiff's 5 Motion for Extension of Time to File First Amended Complaint. Plaintiff is granted sixty (60) days leave from the date this Order is signed in which to file a First Amended Complaint which cures all the deficiencies of pleading noted in the Courts February 28, 2017 Order. Signed by Judge Larry Alan Burns on 7/31/2017. (All non-registered users served via U.S. Mail Service)(lrf)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ORDER GRANTING EXTENSION
OF TIME TO FILE FIRST
Case No.: 3:16-cv-02976-LAB-JLB
SCOTT MICHAEL BLUMAN;
CHARLES CHILDERS; SCOTTY
ELECTRIC CO.; KATHY BURGESS,
[ECF No. 5]
On December 5, 2016, Plaintiff filed his civil rights Complaint pursuant to 42
U.S.C. § 1983. (ECF No. 1.) The Court conducted the required sua sponte screening and
dismissed Plaintiff’s Complaint for failing to state a claim upon which relief could be
granted. (See ECF No. 3.) Plaintiff was granted forty-five (45) days leave from February
28, 2017 to file an amended complaint in order to correct the deficiencies of pleading
identified by the Court. (Id.) However, Plaintiff did not file an amended complaint
within that time frame. Instead, on June 6, 2017, Plaintiff filed a “Motion and Request
for Leave to File an Amended Complaint” which the Court construes as a motion for
extension of time to file an amended pleading.
Motion for Extension of Time
In Plaintiff’s latest Motion, he claims that he has not been allowed access to the
prison law library. (ECF No. 5 at 2.) Based on these allegations, the Court will provide
Plaintiff with an additional sixty (60) days in which to file a First Amended Complaint.
“‘Strict time limits ... ought not to be insisted upon’ where restraints resulting from a pro
se ... plaintiff’s incarceration prevent timely compliance with court deadlines.” Eldridge
v. Block, 832 F.2d 1132, 1136 (9th Cir. 1987) (citing Tarantino v. Eggers, 380 F.2d 465,
468 (9th Cir. 1967).
The Court GRANTS Plaintiff’s Motion for Extension of Time to File First
Amended Complaint. (ECF No. 5.) Plaintiff is GRANTED sixty (60) days leave from
the date this Order is signed in which to file a First Amended Complaint which cures all
the deficiencies of pleading noted in the Court’s February 28, 2017 Order. If Plaintiff
fails to file an amended pleading within this time frame, the Court will issue a final Order
IT IS SO ORDERED.
Dated: July 31, 2017
Hon. Larry Alan Burns
United States District Judge
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