(PC) Sierra v. Director of CDCR et al, No. 2:2016cv01067 - Document 94 (E.D. Cal. 2021)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2021 VACATING 92 Findings and Recommendations; GRANTING 93 Motion for Extension of Time and GRANTING plaintiff 60 days from the date of this order in which to file an amended complaint. (Henshaw, R)

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(PC) Sierra v. Director of CDCR et al Doc. 94 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH ALAN SIERRA, 12 Plaintiff, 13 14 15 No. 2:16-cv-1067 MCE KJN P v. ORDER DIRECTOR OF DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 Plaintiff is a former state prisoner, proceeding without counsel, with a civil rights action 18 19 pursuant to 42 U.S.C. § 1983. On November 4, 2021, the undersigned recommended that this 20 action be dismissed for plaintiff’s failure to prosecute. (ECF No. 92.) On November 15, 2021, plaintiff filed a motion for a sixty-days extension of time to file 21 22 an amended complaint. (ECF No. 93.) Good cause appearing, plaintiff’s motion for an extension 23 of time is granted and the November 4, 2021 findings and recommendations are vacated. Accordingly, IT IS HEREBY ORDERED that: 24 25 1. The November 4, 2021 findings and recommendations (ECF No. 92) are vacated; 26 2. Plaintiff’s motion for an extension of time (ECF No. 93) is granted; and 27 3. Plaintiff is granted sixty days from the date of this order in which to file an 28 //// Dockets.Justia.com 1 amended complaint. No further extensions of time will be granted but for a showing of 2 substantial cause. 3 Dated: November 18, 2021 4 5 6 7 sier1067.36 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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