(PS)Johnson v. Schubert et al, No. 2:2017cv00666 - Document 6 (E.D. Cal. 2017)

Court Description: ORDER signed by Magistrate Judge Allison Claire on 7/17/2017 GRANTING 5 Motion for Extension to file an amended complaint. Plaintiff has 30 days from the date of this order to file his amended complaint. The 4 findings and recommendations are WITHDRAWN. If plaintiff fails to timely comply with this order, the undersigned may recommend that this action be dismissed. (Washington, S)

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(PS)Johnson v. Schubert et al Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OTHELLO C.M. JOHNSON, 12 Plaintiff, 13 14 No. 2:17-cv-00666-JAM-AC v. ORDER ANNE MARIE SCHUBERT, et al., 15 Defendants. 16 Plaintiff seeks an extension of time to comply with this court’s order providing him 30 17 18 days to file a complaint that complies with the Federal Rules of Civil Procedure or face dismissal 19 of the case for failure to prosecute. ECF No. 3. The court received plaintiff’s request after the 20 previously ordered deadline had expired, and after the undersigned had submitted a report and 21 recommendation to the district judge in this matter recommending dismissal. ECF Nos. 4 and 5. 22 The court cautions plaintiff that motions to extend time filed on or after the deadline at issue are 23 disfavored. Local Rule 144(d). 24 Because this is plaintiff’s first request for an extension, and because plaintiff shows good 25 cause, the motion to extend time is GRANTED. Plaintiff has 30 days from the date of this order 26 to file his amended complaint. The findings and recommendations at ECF No. 4 are hereby 27 //// 28 //// 1 Dockets.Justia.com 1 withdrawn. If plaintiff fails to timely comply with this order, the undersigned may recommend 2 that this action be dismissed. 3 4 IT IS SO ORDERED. DATED: July 17, 2017 5 6 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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