Jomo v. Kallis

Filing 19

ORDER granting in part and denying in part 17 Motion for Abeyance. See Order for additional details and deadlines. Signed by Magistrate Judge Tony N. Leung on 1/10/2022. (Written Opinion) (LAS)

CASE 0:21-cv-02266-KMM-TNL Doc. 19 Filed 01/10/22 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Case No. 21-cv-2266 (KMM/TNL)

Kenyatta Jomo,
Plaintiff,

ORDER

v.
Steve Kallis, Warden; Rochester Federal
Medical Center; and United States Federal
Hospital,
Defendants.

This matter is before the Court, United States Magistrate Judge Tony N. Leung, on
Plaintiff’s Motion for Abeyance (ECF No. 17). On October 27, 2021, the Court granted
Plaintiff leave to file an amended complaint after noting that his complaint failed “to state
a non-frivolous claim for relief.” (ECF No. 5 at 1.) On December 16, 2021, the Court
ordered that Plaintiff could have 60 additional days to file an amended complaint. (ECF
No. 12.) It referred Plaintiff to the Pro Se Project, a program of the Federal Bar Association
that attempts to connect unrepresented individuals who receive a court referral with
volunteer lawyers who may agree to donate time to talk about their cases, by way of
separate correspondence. (ECF No. 13.)
In his current motion, Plaintiff states that he has not been contacted by the Pro Se
Project and requests an enlargement of time to file a new complaint until a volunteer
attorney can assist him in amending his complaint. (ECF No. 17 at 2.) The Court has since
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CASE 0:21-cv-02266-KMM-TNL Doc. 19 Filed 01/10/22 Page 2 of 2

confirmed that the Pro Se Project has been in touch with Plaintiff and that Plaintiff is
interested in participating in the Pro Se Project. The Court declines to grant Plaintiff’s
request to indefinitely extend the deadline for him to file his amended complaint. For good
cause shown, however, the Court shall grant Plaintiff 45 additional days to file his amended
complaint. Plaintiff is reminded that should he not file an amended complaint consistent
with the Court’s October 27 Order, this matter may be dismissed either pursuant to 28
U.S.C. § 1915(e)(2)(B) or for failure to prosecute, see Fed. R. Civ. P. 41(b). (See also ECF
No. 12 at 2.)
Therefore, based on the foregoing, and all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that:
1. Plaintiff’s Motion for Abeyance (ECF No. 17) is GRANTED IN PART and
DENIED IN PART.
2. Plaintiff shall file his amended complaint on of before March 31, 2022.

Date: January 10 , 2022

s/Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota
Jomo v. Kallis et al.
Case No. 21-cv-2266 (KMM/TNL)

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