(PC) Handy v. Castillo, No. 1:2022cv01160 - Document 13 (E.D. Cal. 2023)

Court Description: ORDER VACATING 11 Findings and Recommendations to Dismiss Action for Failure to Obey Orders and Failure to Prosecute; ORDER PARTIALLY GRANTING 12 Motion for Extension of Time within which to File First Amended Complaint signed by Magistrate Judge Sheila K. Oberto on 07/28/2023. Amended Complaint due within Twenty-One Days. (Flores, E)

Download PDF

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL HANDY, 12 Plaintiff, 13 14 v. DAVID CASTILLO, 15 Defendant. Case No.: 1:22-cv-01160-ADA-SKO (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS TO DISMISS ACTION FOR FAILURE TO OBEY ORDERS AND FAILURE TO PROSECUTE (Doc. 11) ORDER PARTIALLY GRANTING MOTION FOR EXTENSION OF TIME WITHIN WHICH TO FILE FIRST AMENDED COMPLAINT 16 17 18 (Doc. 12) 19 20 21 Plaintiff Michael Handy is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C § 1983. 22 I. 23 On June 8, 2023, this Court issued its First Screening Order. (Doc. 9.) The Court found RELEVANT BACKGROUND 24 Plaintiff’s complaint failed to state a claim upon which relief could be granted. (Id. at 3-5.) 25 Plaintiff was granted leave to file an amended complaint curing the deficiencies identified in the 26 Court’s order. (Id. at 5.) Plaintiff was ordered to either file a first amended complaint or a notice 27 of voluntary dismissal within 21 days of the date of service of the order. (Id. at 5-6.) 28 // 1 When Plaintiff failed to file either a first amended complaint or a notice of voluntary 2 dismissal, the Court issued its Findings and Recommendations To Dismiss Action For Failure To 3 Obey Court Orders And Failure To Prosecute on July 11, 2023. (Doc. 11.) Any objections were to 4 be filed within 14 days of the date of service. (Id. at 4.) On July 21, 2023, Plaintiff filed a document titled “Notice to the Court; And Notice of and 5 6 Motion for Time Extension Under Necessity and in the Interest of Justice.”1 (Doc. 12.) Plaintiff 7 states he “indeed mailed this Court a First Amended Complaint … over two (2) weeks ago.” (Id.) 8 Plaintiff contends he “has been having continued problems with his out going legal mail” and that 9 “the court(s) would never receive the documents.” (Id.) He seeks a 30-day extension of time 10 within which to “re-prepare and submit his (second) First Amended Complaint.” (Id.) 11 II. DISCUSSION 12 Plaintiff’s motion indicates an intent to pursue this action. He contends he mailed a first 13 amended complaint more than two weeks prior to his request dated July 14, 2023. Although the 14 Court has not received a first amended complaint, it will accept Plaintiff’s statement as true. The 15 Court finds Plaintiff did not ignore the Court’s screening order, and will therefore vacate its 16 previously issued Findings and Recommendations. Concerning Plaintiff’s request for an extension of time, the Court will grant the request in 17 18 part. As Plaintiff explains in his request, he will have “re-prepare” and submit his first amended 19 complaint. Plaintiff will be afforded 21 days within which to file a first amended complaint 20 instead of the 30 days requested. Assuming Plaintiff has previously prepared a first amended 21 complaint within the previously ordered 21-day time period, a 30-day extension of time should 22 not be necessary. 23 III. 24 For the reasons stated above, the Court HEREBY ORDERS that: 25 1. The Findings and Recommendations to Dismiss Action For Failure To Obey Court 26 CONCLUSION AND ORDER Orders And Failure To Prosecute issued July 11, 2023 (Doc. 11) are VACATED; 27 28 1 Plaintiff’s filing was signed and dated July 14, 2023. 2 2. Plaintiff’s request for an extension of time is GRANTED IN PART. Plaintiff 1 2 SHALL file his first amended complaint within 21 days of the date of service of this 3 order; and 4 3. No further extensions of time will be entertained. Plaintiff is cautioned that a 5 failure to obey this order will result in the Court reissuing findings and 6 recommendations to dismiss this action for a failure to obey court orders. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto July 28, 2023 . UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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.