Jay v. Medical Dept of Fresno County Jail
Filing
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ORDER GRANTING Plaintiff's 10 Motion for Extension of Time; First Amended Complaint Due by August 1, 2011 signed by Magistrate Judge Gerald B. Cohn on 6/20/2011. (Attachments: # 1 Amended Complaint Form) (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOAQUIN JAY, II,
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CASE NO.
Plaintiff,
PLAINTIFF’S MOTION FOR EXTENSION OF
TIME IS GRANTED
v.
(ECF No. 10)
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1:10-cv-00685-GBC (PC)
MEDICAL DEPARTMENT OF FRESNO
COUNTY JAIL,
FIRST AMENDED COMPLAINT DUE BY
AUGUST 1, 2011
Defendant.
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ORDER
Plaintiff Joaquin Jay, II (“Plaintiff”) is a former state prisoner proceeding pro se and
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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff began
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this action on April 19, 2010. (ECF No. 1.) His original complaint was dismissed with leave
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to amend on March 11, 2011. (ECF No. 8.) Plaintiff was given thirty days to file an
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amended complaint. (Id.) Plaintiff did not file anything. On May 20, 2011, the Court
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issued an Order requiring that Plaintiff either show cause why he failed to comply with the
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Court’s Screening Order or file an amended complaint by June 27, 2011. (ECF No. 9.)
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Plaintiff filed a Motion to Postpone. (ECF No. 10.) In it, Plaintiff asks for a 180-day
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extension of time to gather facts, the Court assumes, to complete his amended complaint.
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Plaintiff’s original complaint was dismissed in March 2011. He has already had
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approximately three months to complete and file an amended complaint. The Court will
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not give him an extension of 180 days. However, because Plaintiff has shown good cause,
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the Court will give Plaintiff until August 1, 2011 to file an amended complaint.
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Accordingly, it is HEREBY ORDERED that:
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1.
Plaintiff is GRANTED one final opportunity to file an Amended Complaint.
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Plaintiff’s Amended Complaint is due on or before August 1, 2011;
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No further extensions of time shall be granted; and
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Failure to comply with this Order will result in dismissal of this action for
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failure to prosecute and failure to state a claim upon which relief could be
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granted.
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IT IS SO ORDERED.
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Dated:
1j0bbc
June 20, 2011
UNITED STATES MAGISTRATE JUDGE
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