(PC) Mehmood v. Chavez et al, No. 2:2015cv01695 - Document 12 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/7/16 ORDERING that the findings and recommendations filed January 5, 2016, are VACATED; and plaintiff is granted 30 days from the date of service of this order to file an amended complaint that complies with the requirements.(Dillon, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YASIR MEHMOOD, 12 Plaintiff, 13 14 No. 2:15-cv-1695 JAM CKD P v. ORDER MICHAEL CHAVEZ, et al., 15 Defendants. 16 On January 5, 2016, the undersigned issued findings and a recommendation that this 17 18 action be dismissed due to plaintiff’s failure to timely file an amended complaint. (ECF No. 10.) 19 Plaintiff has filed objections, citing his recent transfers between institutions as the reason for his 20 failure to timely amend. (ECF No. 11.) Plaintiff requests an additional six months to file an 21 amended complaint. (Id.) The original complaint in this action was dismissed more than four months ago (ECF No. 22 23 7), and plaintiff has not shown good cause for a ten-month gap between the original and any 24 amended complaint. Good cause appearing, the court will grant plaintiff thirty days to file an 25 amended complaint or face dismissal of this action. No further extensions of time will be 26 granted. 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed January 5, 2016, are vacated; and 3 2. Plaintiff is granted thirty days from the date of service of this order to file an amended 4 complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil 5 Procedure, and the Local Rules of Practice; the amended complaint must bear the docket number 6 assigned this case and must be labeled “Amended Complaint.” Failure to file an amended 7 complaint in accordance with this order will result in a recommendation that this action be 8 dismissed. 9 Dated: March 7, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 2/mehm1695.vac 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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