Parsons v. Swanson et al

Filing 28

ORDER: Plaintiff Raymond A. Parson, Jr., must file a second amended complaint on or before April 14, 2023, failing which, the Court may recommend that this matter be dismissed without prejudice. (Written Opinion) Signed by Magistrate Judge Dulce J. Foster on 3/13/2023. (MEH)

CASE 0:12-cv-00646-DWF-DJF Doc. 28 Filed 03/13/23 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Raymond A. Parson,

Case No. 12-cv-0646 (DWF/DJF)
Plaintiff,
ORDER

v.
Lori Swanson, et al.,
Defendants.

On November 21, 2022, the Court ordered Plaintiff Raymond A. Parson to file a second
amended complaint on or before January 13, 2023, failing which the Court would recommend that
this matter be dismissed without prejudice (“November Order”) (ECF No. 23). The Court
simultaneously referred Mr. Parson to the Federal Bar Association Pro Se Project for possible
representation. (Id.) On December 29, 2022, Mr. Parson submitted to the Court an ex parte letter
describing his attempts to obtain legal representation (“Letter”) (ECF No. 25). In light of Mr.
Parson’s Letter, the Court granted him an extension of time until March 14, 2023 to comply with
its November Order and file a second amended complaint, failing which the Court would
recommend that this matter be dismissed. (ECF No. 26.)
On March 10, 2023, Mr. Parson again submitted to the Court an ex parte letter requesting
additional time to file his second amended complaint (“Second Letter”). He explained difficulty
obtaining representation and problems with his printer. In light of his Second Letter, the Court
will grant Mr. Parson one final extension to file his second amended complaint. However, it does
not appear that Mr. Parson will be able to obtain counsel and this case cannot be delayed
indefinitely. Whether or not Mr. Parson is able to obtain legal representation, he must file his

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CASE 0:12-cv-00646-DWF-DJF Doc. 28 Filed 03/13/23 Page 2 of 2

second amended complaint by April 14, 2023, failing which the Court may recommend that this
matter be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b). The
Court cautions Mr. Parson that absent extraordinary circumstances, it is unlikely to grant any
additional extensions.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED that Plaintiff Raymond A. Parson, Jr., must file a second amended
complaint on or before April 14, 2023, failing which, the Court may recommend that this matter
be dismissed without prejudice.

Dated: March 13, 2023

s/ Dulce J. Foster
DULCE J. FOSTER
United States Magistrate Judge

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