(PC) Jones v. Fox, et al., No. 2:2017cv02190 - Document 43 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 6/28/2018 GRANTING 41 Request to the extent that the Clerk is to re-serve Plaintiff with a copy of 32 Screening Order and Plaintiff has 30 days from the date of this order to file objections to 39 Findings and Recommendations. (Henshaw, R)
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(PC) Jones v. Fox, et al. Doc. 43 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KEVIN JONES, 11 Plaintiff, 12 13 No. 2:17-cv-2190-JAM-EFB P v. ORDER FOX, et al., 14 Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. On June 14, 2018, the court issued findings and recommendations, which 18 recommended dismissal of this action after plaintiff failed to file an amended complaint in 19 accordance with the court’s screening order. ECF No. 39. Plaintiff has since filed an “extension of time and a copy of opposing defendant’s motion 20 21 to dismiss . . . .” ECF No. 41. Plaintiff’s requested relief is unclear. To the extent plaintiff seeks 22 a copy of a motion to dismiss, the request is denied, as no defendants have appeared and no 23 motions to dismiss filed. In an abundance of caution, the court will direct the Clerk to re-serve 24 plaintiff with a copy of the court’s May 3, 2018 screening order dismissing plaintiff’s complaint 25 with leave to amend (ECF No. 32) and will grant plaintiff a 30-day extension of time to file 26 objections to the June 14, 2018 findings and recommendations. 27 ///// 28 ///// 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request (ECF No. 41) is granted to the extent that: 1. The Clerk shall re-serve plaintiff with a copy of the court’s May 3, 2018 screening 4 5 6 7 order (ECF No. 32). 2. Plaintiff has 30 days from the date of this order to file objections to the June 14, 2018 findings and recommendations (ECF No 39). DATED: June 28, 2018. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2