Arellano v. Haskins et al, No. 1:2017cv01235 - Document 8 (E.D. Cal. 2018)

Court Description: Order withdrawing the Findings and Recommendations dated December 11, 2017 (doc. 6 ); Order directing Plaintiff to file an amended complaint within fourteen days of the date of service, signed by Magistrate Judge Jennifer L. Thurston on 1/2/2018. (Amended Complaint due by 1/19/2018) (Rosales, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIK ARELLANO, Plaintiff, 12 13 14 v. CHAD HASKINS, et al., Defendants. 15 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-01235 - LJO - JLT ORDER WITHDRAWING THE FINDINGS AND RECOMMENDATIONS DATED DECEMBER 11, 2017 (Doc. 6) ORDER DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT WITHIN FOURTEEN DAYS OF THE DATE OF SERVICE Previously, the Court recommended the action be dismissed for Plaintiff’s failure to respond to 18 its order and failure to prosecute. (Doc. 6) Plaintiff filed timely objections, in which he requests that 19 the Court “forgive his past lateness,” as he did not learn of the availability of legal assistance until “on 20 day before the due date.” (Doc. 7 at 6) Therefore, he requests “an extension of time so that the legal 21 assistant can further study the issues in this case.” (Id.) Accordingly, the Court ORDERS: 22 1. The Findings and Recommendations dated December 11, 2017 (Doc. 6) are WITHDRAWN; 23 24 2. Plaintiff’s request for an extension of time is GRANTED; and 25 3. Plaintiff SHALL file an amended complaint in this action within fourteen days of the 26 date of service of this order. The First Amended Complaint SHALL clearly identify 27 each of the claims upon which Plaintiff seeks to proceed and contain facts sufficient for 28 the Court to determine whether the action is barred by Heck v. Humphrey, 512 U.S. 1 477, 486 n.6 (1994). 1 2 Plaintiff is advised that his failure to comply with this order will result in a recommendation that 3 the case be dismissed. 4 5 6 7 IT IS SO ORDERED. Dated: January 2, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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