(PC) Haney v. Sanders et al, No. 1:2009cv01798 - Document 11 (E.D. Cal. 2010)

Court Description: ORDER vacating 9 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Dennis L. Beck on 10/25/2010. (Amended Complaint due by 11/29/2010).(Lundstrom, T)
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(PC) Haney v. Sanders et al Doc. 11 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 BRUCE PATRICK HANEY, 10 11 CASE NO. 1:09-CV-01798-AWI-DLB PC Plaintiff, ORDER VACATING FINDINGS AND RECOMMENDATION v. (DOC. 9) 12 B. SANDERS, et al., 13 AMENDED COMPLAINT DUE WITHIN THIRTY DAYS Defendants. 14 / 15 16 Plaintiff Bruce Patrick Haney (“Plaintiff”) is a prisoner in the custody of the California 17 Department of Corrections and Rehabilitation. Plaintiff is proceeding pro se and in forma 18 pauperis in this civil rights action. On October 13, 2009, Plaintiff filed his original complaint. 19 (Doc. 1.) On December 3, 2009, the Court dismissed Plaintiff’s complaint for failure to state a 20 claim, with leave to amend within thirty days. (Doc. 8.) Plaintiff did not comply, and on June 21 17, 2010, the Court issued a Findings and Recommendation to dismiss this action for failure to 22 obey a court order and failure to state a claim. (Doc. 9.) On July 9, 2010, Plaintiff filed his 23 objections. (Doc. 10.) 24 Plaintiff contends that on December 23, 2009, during a cell search, Plaintiff’s complaint 25 went missing. Plaintiff believed that because the Court would not provide a copy of Plaintiff’s 26 complaint without payment, Plaintiff let the deadline elapse. Plaintiff assumed that this action 27 had already been dismissed. Plaintiff requests a free copy of his original complaint and time to 28 file an amended complaint. 1 Dockets.Justia.com 1 The Court will grant Plaintiff additional time to file his amended complaint, as he has 2 presented sufficient good cause for an extension of time. However, Plaintiff will not be provided 3 a free copy of his complaint. (First Informational Order ¶ 3, Doc 4.) 4 Accordingly, it is HEREBY ORDERED that: 5 1. The Court’s Findings and Recommendation, filed June 17, 2010, is VACATED; 6 2. Plaintiff is granted thirty days from the date of service of this order in which to 7 8 9 10 file his amended complaint; and 3. Plaintiff’s request for a free copy of his original complaint is denied. IT IS SO ORDERED. Dated: 3b142a October 25, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2