SMART et al v. KRAFT et al

Filing 15

MEMORANDUM AND ORDER reopening case so that this Court can rule on Pltf's request for an extension of time; ORDERED that pltf's request for an extension of time 14 is denied; ORDERED that the Clerk shall reclose this case. Signed by Judge Robert B. Kugler on 10/15/2015. (dmr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
SALAHUDDIN FARD SMART,
:
:
Plaintiff,
:
Civ. No. 14-2977 (RBK) (KMW)
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v.
:
:
MEMORANDUM AND ORDER
HOWARD KRAFT, ESQ., el al.
:
:
Defendants.
:
_________________________________________ :
Plaintiff is proceeding pro se with a civil rights complaint. Plaintiff is no longer
incarcerated. On August 20, 2015, this Court screened plaintiff’s amended complaint and the
amended complaint was dismissed. However, plaintiff was given leave for thirty days in which
to file an amended complaint as it related to his 42 U.S.C. § 1981 claims against defendant
Howard Kraft, Esq.
Plaintiff did not respond to this Court’s Order within thirty days. Instead, on October 13,
2015, after the thirty-day deadline had expired, plaintiff filed a motion for a thirty-day extension
of time to file a proposed second amended complaint. The entirety of plaintiff’s request is as
follows: “Plaintiff was given thirty days in which to file a proposed second amended complaint
that addresses the deficiencies with respect to his Section 1981 claim against Kraft should he
elect to do so. Plaintiff wishes to be granted another 30 day extension to address this matter.”
(Dkt. No. 14) The Clerk will be ordered to reopen this case so that this Court can rule on this
request by plaintiff.
Plaintiff’s request for an extension of time will be denied. First, plaintiff’s request for an
extension of time is untimely as it was filed well after the thirty-day period in which he had to

file the proposed second amended complaint. Second, and perhaps more importantly, plaintiff
fails to provide any good cause why he failed to comply with the thirty-day period given.
Accordingly, IT IS this 15th day of October_, 2015,
ORDERED that the Clerk shall reopen this case so that this Court can rule on plaintiff’s
request for an extension of time; and it is further
ORDERED that plaintiff’s request for an extension of time in which to file a proposed
second amended complaint (Dkt. No. 14) is denied; and it is further
ORDERED that the Clerk shall reclose this case.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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