(PC) Belyew v. CFMG et al, No. 2:2017cv01816 - Document 10 (E.D. Cal. 2017)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/2017 VACATING the 7 findings and recommendations and GRANTING plaintiff's 8 motion for extension of time. Plaintiff has 21 days to file an amended complaint. (Yin, K)
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(PC) Belyew v. CFMG et al Doc. 10 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LISA BELYEW, 12 Plaintiff, 13 14 No. 2:17-cv-1816 KJN P v. ORDER CFMG, et al., 15 Defendants. 16 17 Plaintiff is a pretrial detainee, recently returned to the Butte County Jail.1 On November 18 21, 2017, the undersigned recommended that this action be dismissed because plaintiff failed to 19 timely file an amended complaint. On November 22, 2017, plaintiff’s motion for extension of 20 time in which to file an amended complaint was entered on the docket. Plaintiff’s motion was 21 signed on November 15, 2017. Therefore, plaintiff’s motion was timely. Good cause appearing, 22 plaintiff’s motion for extension of time to file an amended complaint is granted, and the findings 23 and recommendations are vacated. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The findings and recommendations (ECF No. 7) are vacated; 26 27 28 1 Plaintiff’s address change was noted from her filing in case no. 2:17-cv-0723. Plaintiff is cautioned that she is required to timely file a notice of change of address in each case pending in this court. Local Rule 183(b). Dockets.Justia.com 1 2. Plaintiff’s motion for an extension of time is granted; and 2 3. Plaintiff is granted twenty-one days from the date of this order in which to file an 3 amended complaint. 4 Dated: December 13, 2017 5 6 7 /bely1816.36 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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