O'Diah v. Fischer et al

Filing 6

ORDER that pursuant to Plaintiff's letter request dated 4/8/11, plaintiff is granted an extension until 6/3/11 to file an amended complaint in O'Diah v. Fischer, 10-CV-6611, in accordance with the terms of the Court's Order entered on 3/15/11 5 . Plaintiff is granted an extension until 6/3/11 to file a response to defendants' motion to dismiss 11 in O'Diah v. Artus, 10-CV-6705. Signed by Hon. David G. Larimer on 4/11/11. (EMA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________________
AROR ARK O’DIAH, 07A2463,

Plaintiff,
ORDER
10-CV-6611L
v.
BRIAN FISCHER, NEW YORK STATE SECRETARY OF
STATE, et al.,

Defendants.
________________________________________________
AROR ARK O’DIAH,

Plaintiff,

v.

10-CV-6705L

D. ARTUS, et al.,

Defendants.
__________________________________________________

Plaintiff, Aror Ark O’Diah, appearing pro se, has filed these two civil rights actions under
42 U.S.C. § 1983. On March 15, 2011, this Court directed plaintiff to file an amended complaint
in O’Diah v. Fischer, 10-CV-6611, by April 18, 2011, or risk dismissal of the action with prejudice.
(Dkt. #5). In the other action, O’Diah v. Artus, 10-CV-6705, the Court on March 28, 2011 granted

plaintiff’s request for an extension of time to respond to defendants’ motion to dismiss (Dkt. #11)
until May 3, 2011. (Dkt. #17).
By letter to the Court dated April 8, 2011, plaintiff has informed the Court that he has had
some difficulty or delays in gaining access to the law library at Attica Correctional Facility, where
he is currently confined. Accordingly, the Court grants plaintiff an additional extension until June
3, 2011 to file an amended complaint in O’Diah v. Fischer, and to file a response to defendants’
motion to dismiss in O’Diah v. Artus.
This will be the last extension of those deadlines granted to plaintiff, absent a showing of
good cause. Defendants are also reminded of their obligation not to impede or interfere with an
inmate litigant’s constitutional right to meaningful access to the courts, which may entail reasonable
use of a prison law library. See Nevarez v. Hunt, ___ F.Supp.2d ___, 2011 WL 923982, at *1-*2
(W.D.N.Y. Mar. 16, 2011).

CONCLUSION

Plaintiff is granted an extension until June 3, 2011 to file an amended complaint in O’Diah
v. Fischer, 10-CV-6611, in accordance with the terms of the Court’s Order entered on March 15,
2011 (Dkt. #5).
Plaintiff is granted an extension until June 3, 2011 to file a response to defendants’ motion
to dismiss (Dkt. #11) in O’Diah v. Artus, 10-CV-6705.
IT IS SO ORDERED.

_______________________________________
DAVID G. LARIMER
United States District Judge
Dated: Rochester, New York
April 11, 2011.

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