(PC) Hatcher v. Madera County Jail et al, No. 1:2007cv00803 - Document 22 (E.D. Cal. 2009)
Court Description: ORDER VACATING 19 FINDINGS AND RECOMMENDATIONS of July 10, 2009; ORDER GRANTING Extension of Time to Comply with Court's 18 May 15, 2009 Order; Thirty Day Deadline signed by Magistrate Judge Sandra M. Snyder on 8/20/2009. Amended Complaint or Notification due by 9/23/2009. (Sant Agata, S)
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(PC) Hatcher v. Madera County Jail et al Doc. 22 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DONALD W. HATCHER, 11 12 13 1:07-cv-00803-AWI-SMS-PC Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATIONS OF JULY 10, 2009 (Doc. 19.) vs. MADERA COUNTY JAIL, et al., ORDER GRANTING EXTENSION OF TIME TO COMPLY WITH COURT'S MAY 15, 2009 ORDER (Doc. 18.) 14 15 Defendants. 16 THIRTY DAY DEADLINE / 17 18 Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. 19 On July 10, 2009, the undersigned issued findings and recommendations to dismiss this action for 20 plaintiff’s failure to obey the court's May 15, 2009 order requiring him to either file an amended 21 complaint or notify the court of his willingness to proceed with the claims found cognizable by the 22 court. (Doc. 18.) On July 21, 2009, plaintiff filed objections to the findings and recommendations, 23 explaining that he has been moved from cell to cell to cell at Kern Valley State Prison and has been 24 receiving his mail late as a result. (Doc. 20.) In light of Plaintiff’s apparent need for an extension of 25 time to comply with the court's May 15, 2009 order, the court shall vacate the findings and 26 recommendations and grant plaintiff an extension of time. In the future, if plaintiff requires an 27 extension of time, he should file a motion with the court before the expiration of the deadline he 28 needs to extend. Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations of July 10, 2009 are VACATED; 3 2. Plaintiff is granted an extension of time to comply with the court's order of 4 May 15, 2009; 5 3. Within thirty days from the date of service of this order, Plaintiff shall either 6 file an amended complaint, or in the alternative, notify the court in writing that 7 he does not wish to file an amended complaint and is willing to proceed on the 8 claims found cognizable by the court in the May 15, 2009 order; and 9 4. 10 Plaintiff’s failure to comply with this order shall result in a recommendation that this action be dismissed. 11 IT IS SO ORDERED. 12 Dated: icido3 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 August 20, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
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