(PC) Walker v. Silbugh et al, No. 2:2009cv00916 - Document 17 (E.D. Cal. 2010)
Court Description: ORDER signed by Magistrate Judge Dale A. Drozd on 2/8/10 VACATING 15 FINDINGS AND RECOMMENDATIONS; GRANTING 16 Motion for Extension of time. Plaintiff is granted 60 days from the date of this order in which to file a second amended complaint.(Dillon, M)
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(PC) Walker v. Silbugh et al Doc. 17 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JEFFREY E. WALKER, 10 11 12 Plaintiff, No. CIV S-09-0916 WBS DAD P vs. D. SILBUGH, et al., 13 Defendants. 14 ORDER / 15 On January 11, 2010, the court filed findings and recommendations 16 recommending that this action be dismissed for plaintiff’s failure to file a second amended 17 complaint pursuant to the court’s November 16, 2009 order. Plaintiff has requested an extension 18 of time to file his second amended complaint. The court will vacate the findings and 19 recommendations. However, plaintiff is cautioned that he must comply with the court’s 20 deadlines. If plaintiff believes he cannot proceed with this action due to his current medical 21 condition, he may request voluntary dismissal without prejudice. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. The January 11, 2010 findings and recommendations (Doc. No. 15) are 24 vacated; 25 26 2. Plaintiff’s February 3, 2010 motion for an extension of time (Doc. No. 16) is granted; and 1 Dockets.Justia.com 1 3. Plaintiff is granted sixty days from the date of this order in which to file a 2 second amended complaint. 3 DATED: February 8, 2010. 4 5 6 7 DAD:mp/4 walk0916.36amc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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