(PC) Berry v. Salinas, et al.,, No. 2:2010cv00051 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 8/30/10 VACATING 13 FINDINGS AND RECOMMENDATIONS. Plaintiff shall, within 30 days, file an amended complaint in accordance with the courts 6/23/10 order.(Dillon, M)
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(PC) Berry v. Salinas, et al., Doc. 15 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 STEPHEN BERRY, Plaintiff, 10 11 12 13 vs. S.M. SALINAS, et al., Defendants. ORDER / 14 15 No. CIV S-10-0051 MCE EFB P Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 U.S.C. § 1983. On August 10, 2010, the court found that plaintiff had failed to file an amended 17 complaint in accordance with the court’s June 23, 2010 order, and recommended that this action 18 be dismissed for failure to state a claim. On August 20, 2010, plaintiff filed objections, asserting 19 that he has very limited access to the law library and requests an additional 30 days to file an 20 amended complaint. 21 Accordingly, it is ORDERED that: 22 1. The August 10, 2010 findings and recommendations are vacated; and 23 2. Plaintiff shall, within 30 days, file an amended complaint in accordance with the 24 court’s June 23, 2010 order. 25 Dated: August 30, 2010. 26 Dockets.Justia.com