(PC) Fondren v. Butte County, et al, No. 2:2013cv00004 - Document 30 (E.D. Cal. 2014)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 7/3/2014 ORDERING that the 6/13/14 findings and recommendations 28 are held in ABEYANCE, and plaintiff has 60 days to file his amended complaint in accordance with the 4/7/14 order. Should plaintiff fail to timely comply, those findings and recommendations will be submitted to the district judge for consideration. (Yin, K)

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(PC) Fondren v. Butte County, et al Doc. 30 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL RENE FONDREN, JR., 11 12 13 14 15 No. 2:13-cv-0004-MCE-EFB P Plaintiff, v. ORDER BUTTE COUNTY SHERIFF’S DEPARTMENT, Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On April 7, 2014, plaintiff was granted 60 days in which to file an amended 19 complaint. On June 13, 2014, when plaintiff failed to timely act, the court issued findings and 20 recommendations recommending that this action be dismissed. ECF No. 28. On June 30, 2014, 21 plaintiff filed objections. ECF No. 29. In those objections, plaintiff states that he has had limited 22 law library access but will be able to complete and file the amended complaint within 60 days. 23 Plaintiff’s objections, construed as a request for extension of time, is granted, to the extent that 24 the court will hold the findings and recommendations in abeyance for a period of 60 days. The 25 court notes that preparing an amended complaint does not require extensive legal research, as it 26 should not contain any legal citations, but only a short and plain statement of the facts showing 27 that plaintiff is entitled to relief. Accordingly, as plaintiff has now been given 120 days to file his 28 amended complaint, the court is not inclined grant additional requests for extensions of time. 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that the June 13, 2014 findings and 2 recommendations are held in abeyance, and plaintiff has 60 days from the date of this order to file 3 his amended complaint in accordance with the court’s April 7, 2014 order. Should plaintiff fail to 4 timely comply, those findings and recommendations will be submitted to the district judge for 5 consideration. 6 DATED: July 3, 2014. 7 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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