(PC) Mehmood v. United States et al, No. 2:2018cv02873 - Document 12 (E.D. Cal. 2019)

Court Description: ORDER signed by Magistrate Judge Dennis M. Cota on 3/26/2019 VACATING the 10 findings and recommendations filed 3/4/2019; and plaintiff shall file a first amended complaint within 30 days. (Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 YASIR MEHMOOD, 12 Plaintiff, 13 14 No. 2:18-CV-2873-JAM-DMC-P v. ORDER UNITED STATES, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. On March 4, 2019, the court issued findings and recommendations that this action 19 20 be dismissed upon plaintiff’s failure to file a first amended complaint. Plaintiff has filed 21 objections indicating a recent hospitalization prevented his compliance. Plaintiff seeks additional 22 time to file a first amended complaint. Good cause appearing therefor, the March 4, 2019, 23 findings and recommendations will be vacated and plaintiff will be provided additional time to 24 file a first amended complaint. Plaintiff is once again cautioned that failure to file a first amended 25 complaint within the time provided herein may result in dismissal of the entire action. See Local 26 Rule 110. 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The March 4, 2019, findings and recommendations are vacated; and 3 2. Plaintiff shall file a first amended complaint within 30 days of the date of 4 this order. 5 6 7 Dated: March 26, 2019 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 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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