(PC) Sierra v. CDCR Director et al, No. 2:2017cv02611 - Document 34 (E.D. Cal. 2019)
Court Description: ORDER signed by Magistrate Judge Allison Claire on 1/24/2019 GRANTING plaintiff's 30 motion for an extension of time and the amended complaint is deemed timely filed. The 28 findings and recommendations filed 1/23/2019 are WITHDRAWN. The court will screen the amended complaint in due course. (Yin, K)
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(PC) Sierra v. CDCR Director et al Doc. 34 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KENNETH ALAN SIERRA, 11 12 13 14 No. 2:17-cv-2611 KJM AC P Plaintiff, v. ORDER CDCR DIRECTOR, et al., Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. By findings and recommendations filed January 23, 2019, the undersigned 18 recommended dismissal of this action for failure to prosecute based on plaintiff’s failure to file an 19 amended complaint. ECF No. 28. However, plaintiff has now filed an amended complaint along 20 with a motion for an extension of time to file the amended complaint. ECF Nos. 30, 33. 21 Accordingly, IT IS HEREBY ORDERED that: 22 1. Plaintiff’s motion for an extension of time (ECF No. 30) is granted and the amended 23 complaint is deemed timely filed. 24 2. The January 23, 2019 findings and recommendations (ECF No. 28) are withdrawn. 25 3. The court will screen the amended complaint in due course. 26 DATED: January 24, 2019 27 28 Dockets.Justia.com
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