(PC) Rice v. Gonzales et al, No. 1:2023cv01094 - Document 18 (E.D. Cal. 2023)

Court Description: ORDER VACATING 14 Findings and Recommendations; ORDER GRANTING 17 Motion for Extension of Time to Respond to Order to Show Cause signed by Magistrate Judge Barbara A. McAuliffe on 12/19/2023. Thirty (30) Day Deadline. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 NICHOLAS RICE, 10 11 12 Plaintiff, v. GONZALES, et al., 13 Defendants. 14 17 18 ORDER VACATING FINDINGS AND RECOMMENDATIONS (ECF No. 14) ORDER GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND TO ORDER TO SHOW CAUSE (ECF No. 17) THIRTY (30) DAY DEADLINE 15 16 Case No. 1:23-cv-01094-NODJ-BAM (PC) Plaintiff Nicholas Rice (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 29, 2023, in preparing to screen the first amended complaint, the Court issued 19 an order requiring Plaintiff to show cause why this action should not be dismissed, without 20 prejudice, for failure to exhaust prior to filing suit. (ECF No. 13.) The order was returned 21 undeliverable on September 8, 2023, and following Plaintiff’s failure to communicate with the 22 Court or update his address, on November 27, 2023, the Court issued findings and 23 recommendations regarding dismissal of this action for failure to prosecute and failure to obey a 24 court order. (ECF No. 14.) 25 Plaintiff filed a notice of change of address to the California Substance Abuse Treatment 26 Facility on November 29, 2023, (ECF No. 15), and the Court’s August 29, 2023 order to show 27 cause and November 27, 2023 findings and recommendations were re-served on Plaintiff at his 28 new address. 1 1 Currently before the Court is Plaintiff’s motion for extension of time, filed December 18, 2 2023. (ECF No. 17.) Plaintiff requests more time to pull a copy of the grievance. Plaintiff states 3 that he did exhaust all remedies before starting the civil action. (Id.) 4 Having considered Plaintiff’s motion, the Court finds it appropriate to vacate the pending 5 findings and recommendations. Plaintiff’s motion for an extension of time to respond to the 6 Court’s order to show cause is granted. As Plaintiff has not requested a specific length of time, 7 the Court finds that an extension of thirty days is appropriate under the circumstances. 8 9 Plaintiff is advised that in the future, all filings sent to the Court should include his signature, as required by Federal Rule of Civil Procedure 11. Plaintiff is also informed that 10 unless he has been transferred from the California Substance Abuse Treatment Facility, he does 11 not need to submit another notice of change of address. 12 Accordingly, IT IS HEREBY ORDERED that: 13 14 1. The findings and recommendations issued on November 27, 2023, (ECF No. 14), are VACATED; 15 2. Plaintiff’s motion for extension of time, (ECF No. 17), is GRANTED; 16 3. Within thirty (30) days from the date of service of this order, Plaintiff SHALL show 17 cause why this action should not be dismissed, without prejudice, for failure to exhaust 18 prior to filing suit, in compliance with the Court’s August 29, 2023 order to show cause, 19 (ECF No. 13); and 20 4. Plaintiff is warned that the failure to comply with this order will result in dismissal 21 of this action, without prejudice, for failure to prosecute and failure to obey a court 22 order. 23 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara December 19, 2023 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 2

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