(PC) Avery v. Hubbard et al, No. 1:2009cv00321 - Document 20 (E.D. Cal. 2009)
Court Description: ORDER VACATING 17 Findings and Recommendations; ORDER Requiring Plaintiff to File Amended Complaint Within Thiryt Days signed by Magistrate Judge Dennis L. Beck on 10/20/2009. ( Amended Complaint due by 11/23/2009)(Figueroa, O)
Download PDF
<![CDATA[
(PC) Avery v. Hubbard et al Doc. 20 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SHANNON LEWIS AVERY, SR., Case No. 1:09-cv-00321-LJO-DLB (PC) 11 ORDER VACATING FINDINGS AND RECOMMENDATIONS 12 Plaintiff, v. (Doc. 17) 13 SUZAN L. HUBBARD, et al., 14 15 ORDER REQUIRING PLAINTIFF TO FILE AMENDED COMPLAINT WITHIN 30 DAYS Defendants. / 16 17 Plaintiff Shannon Lewis Avery, Sr. (“Plaintiff”) is a state prisoner proceeding pro se in 18 this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on January 7, 19 2009 in the Northern District of California. Plaintiff’s case was transferred to the Eastern 20 District of California on February 23, 2009. On June 22, 2009, the Court issued an order 21 dismissing Plaintiff’s complaint for failure to state a claim upon which relief may be granted, and 22 granting Plaintiff leave to file an amended complaint within 30 days. (Doc. 16.) On September 23 1, 2009, the Court issued a Findings and Recommendations recommending dismissal of the 24 action for failure to state a claim and failure to file an amended complaint. (Doc. 17.) On 25 September 25, 2009, Plaintiff filed objections to the Findings and Recommendations. (Doc. 18.) 26 Plaintiff contends that he had submitted a request for an extension of time to file an amended 27 complaint. Plaintiff also contends that he has had limited access to the law library and difficulty 28 with receiving his seizure and pain medication. 1 Dockets.Justia.com 1 Plaintiff has demonstrated good cause as to why he was unable to comply with the 2 Court’s order. Accordingly, the Court will vacate its Findings and Recommendations filed on 3 September 1, 2009. The Court will grant Plaintiff a thirty day extension of time to file his 4 amended complaint. 5 Based on the foregoing, the Court HEREBY ORDERS the following: 6 1. 7 8 vacated; 2. 9 10 The Court’s Findings and Recommendations, filed on September 1, 2009, are Plaintiff is granted leave to file an amended complaint within thirty (30) days from the date of service of this order; and 3. 11 The failure to comply with this order may result in dismissal of this action for failure to state a claim upon which relief may be granted. 12 13 14 IT IS SO ORDERED. Dated: 3b142a October 20, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
