(PC) Mayes v. Frasiher et al, No. 2:2018cv02347 - Document 25 (E.D. Cal. 2019)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/2019 VACATING the 23 findings and recommendations filed 3/11/2019 and GRANTING plaintiff 30 days to file an amended complaint. The Clerk shall send plaintiff a civil rights complaint form. (Yin, K)

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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 RICHARD VINCENT MAYES, 12 13 14 15 No. 2: 18-cv-2347 TLN KJN P Plaintiff, v. ORDER FRASIHER, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On March 11, 2019, the undersigned recommended that this action be 19 dismissed based on plaintiff’s failure to file an amended complaint. (ECF No. 23.) Plaintiff did 20 not file objections. However, on March 11, 2019, plaintiff filed a motion for injunctive relief. 21 (ECF No. 24.) In this pleading, plaintiff appears to allege that several different circumstances 22 prevented him from filing an amended complaint. (Id.) 23 The undersigned herein vacates the March 11, 2019 findings and recommendations. 24 Plaintiff is granted one final opportunity to file an amended complaint. If plaintiff does not file 25 an amended complaint within thirty days, the undersigned will recommend dismissal of this 26 action. No further requests for extensions of time to file an amended complaint will be granted. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. The March 11, 2019 findings and recommendations are vacated; 1 1 2. Plaintiff is granted thirty days from the date of this order to file an amended complaint; 2 failure to file an amended complaint within that time will result in a recommendation of dismissal 3 of this action; 4 3. The Clerk of the Court is directed to send plaintiff the form for a civil rights complaint 5 by a prisoner. 6 Dated: April 3, 2019 7 8 9 Mayes2347.vac 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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