(PC) Dent v. California Department of Correction and Rehabilitation et al, No. 2:2017cv01146 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 4/30/2018 WITHDRAWING 15 Findings and Recommendations and GRANTING 16 Motion for Extension of Time. Plaintiff to file an amended complaint within 45 days from the date of this order. (Henshaw, R)
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(PC) Dent v. California Department of Correction and Rehabilitation et al Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN KEITH DENT, 12 Plaintiff, 13 14 15 No. 2:17-cv-1146-JAM-EFB P v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 19 U.S.C. § 1983. On April 18, 2018, the court recommended that this action be dismissed after 20 plaintiff failed to file an amended complaint in accordance with the court’s March 1, 2018 21 screening order. ECF Nos. 12 & 15. In a filing dated April 13, 2018, but not docketed until April 22 25, 2018, plaintiff requested a 45-day extension of time to file an amended complaint. ECF No. 23 16. Good cause appearing, IT IS HEREBY ORDERED that: 24 1. The April 18, 2018 findings and recommendations (ECF No. 15) are withdrawn; 25 2. Plaintiff’s request for an extension of time to file an amended complaint (ECF No. 16) is granted; and 26 27 ///// 28 ///// Dockets.Justia.com 1 3. Plaintiff shall file an amended complaint within 45 days from the date of this order. 2 Failure to so comply will result in another recommendation of dismissal for failure to 3 prosecute. 4 Dated: April 30, 2018. 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