(PC) Scott v. Sanches, et al, No. 2:2010cv01664 - Document 28 (E.D. Cal. 2011)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 5/19/11 VACATING 26 FINDINGS AND RECOMMENDATIONS; Plaintiff is granted 30 days from the date of this order to file an amended complaint. (Dillon, M)
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(PC) Scott v. Sanches, et al Doc. 28 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HOWARD SCOTT, 11 Plaintiff, 12 13 No. 2: 10-cv-1664 WBS KJN P vs. C/O SANCHES, et al., 14 Defendants. 15 ORDER / 16 On May 4, 2011, the undersigned recommended that this action be dismissed for 17 plaintiff’s failure to file an amended complaint in accordance with the order filed December 9, 18 2011. On May 12, 2011, plaintiff filed objections to the findings and recommendations. 19 Plaintiff alleges that he could not file an amended complaint because his legal property was 20 removed from his cell when he went to a crisis bed for the second time for mental health reasons. 21 Good cause appearing, the findings and recommendations are vacated. Plaintiff is 22 granted thirty days to file an amended complaint. No further extensions of time will be granted 23 but for a showing of substantial cause. 24 //// 25 //// 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ordered that: 2 1. The May 4, 2011 findings and recommendations are vacated; 3 2. Plaintiff is granted thirty days from the date of this order to file an amended 4 complaint. 5 DATED: May 19, 2011 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 sc1664.vac 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2