BENTON v. STANZIONE et al

Filing 10

MEMORANDUM OPINION AND ORDER granting 9 Plaintiff's request for an extension of time to submit an amended complaint. Plaintiff may submit his amended complaint for my 28 U.S.C. § 1915 review by September 9, 2022. Signed by Judge Evelyn Padin on 7/29/2022. (qa, )(n/m)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
EDMOND BENTON,
:
:
Plaintiff,
:
Civ. No. 22-1476 (EP) (ESK)
:
v.
:
MEMORANDUM OPINION & ORDER
:
:
MRS. DOREEN STANZIONE, et al.,
:
:
:
Defendants.
:
______________________________
:
APPEARANCE:
Edmond Benton
000720
East Jersey State Prison
Ad-8eq-Unit S.T.U.
8 Production Way
Avenel, NJ 07001
Plaintiff Pro se
PADIN, District Judge
WHEREAS, Plaintiff Edmond Benton submitted a complaint on March 10, 2022,
DE 1; and
WHEREAS, Plaintiff submitted a series of “addendums” to his complaint. On
June 23, 2022, the Honorable Brian R. Martinotti, D.N.J. ordered Plaintiff to submit an
amended complaint that contained all the claims Plaintiff wanted included in his civil
action within 45 days. DE 6. This matter was reassigned to me on June 28, 2022, DE 7;
and

WHEREAS, Plaintiff requests an extension of time to submit his amended
complaint. DE 9. He states that he has limited access to the law library and needs
additional time to draft the amended complaint. Id.; and
WHEREAS, I will grant Plaintiff’s request for additional time to submit his
amended complaint in the interests of justice. Plaintiff may submit his amended
complaint by September 9, 2022. The amended complaint will be subject to my review
under 28 U.S.C. § 1915 prior to service. If Plaintiff fails to submit his amended
complaint within that timeframe, I will consider his original complaint as the operative
complaint in this action and screen the original complaint.
THEREFORE, IT IS on this

29th

day

July

, 2022

ORDERED that Plaintiff’s request for an extension of time to submit an amended
complaint, DE 9, be, and hereby is, granted; and it is further
ORDERED that Plaintiff may submit his amended complaint for my 28 U.S.C. §
1915 review by September 9, 2022. If Plaintiff fails to submit his amended complaint
within that timeframe, I will consider his original complaint as the operative complaint
in this action and screen the original complaint; and it is finally
ORDERED that the Clerk shall send Plaintiff a copy of this Order by regular
mail.

At Newark, New Jersey

EVELYN PADIN, U.S.D.J.

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