(PC) Collins v. Diocese of Sacramento et al, No. 2:2017cv02307 - Document 18 (E.D. Cal. 2019)

Court Description: ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/4/2019 WITHDRAWING 16 Findings and Recommendations and GRANTING in PART 15 Motion for Extension of Time. Plaintiff granted 45 days from the service of this order to file an amended complaint. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GLEN D. COLLINS, 12 13 14 15 No. 2:17-cv-2307 MCE CKD P Plaintiff, v. ORDER DIOCESE OF SACRAMENTO, et al., Defendants. 16 17 By order filed January 3, 2019, the complaint was dismissed with leave to amend and 18 plaintiff was given thirty days to file an amended complaint. (ECF No. 10.) After plaintiff failed 19 to file an amended complaint or otherwise respond to the order, he was given an additional 20 twenty-one days to comply. (ECF No. 14.) When plaintiff once again failed to file an amended 21 complaint or respond to the order, the undersigned issued findings and recommendations 22 recommending that this action be dismissed for failure to prosecute. (ECF No. 16.) Plaintiff has 23 now requested that he be given until August 5, 2019, to file an amended complaint because he is 24 scheduled for release on May 11, 2019, and is seeking counsel. (ECF No. 15.) 25 Plaintiff has already had three months to file an amended complaint, and neither the fact 26 that he is scheduled for release in a month nor that he is seeking counsel warrants an additional 27 four-month extension. The request for an extension of time will therefore be granted only in part 28 and no further extensions of time will be granted absent a showing of extraordinary 1 1 circumstances. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The April 2, 2019 findings and recommendations (ECF No. 16) are withdrawn. 4 2. Plaintiff’s motion for an extension of time to file an amended complaint (ECF No. 15) 5 is granted in part. Plaintiff shall have forty-five days from the service of this order to file an 6 amended complaint. No further extensions of time will be granted absent a showing of 7 extraordinary circumstances. Failure to comply with this order will result in a recommendation 8 that this action be dismissed for failure to prosecute. 9 Dated: April 4, 2019 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 13:coll2307.withdraw.eot 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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