(PC) Carr v. Balaji et al, No. 2:2019cv00688 - Document 30 (E.D. Cal. 2020)

Court Description: ORDER signed by Magistrate Judge Edmund F. Brennan on 12/9/2020 WITHDRAWING the 21 Findings and Recommendations filed on 8/24/2020. Plaintiff shall file an amended complaint within 30 days. Failure to file an amended complaint that complies with the court's 2/12/2020 screening order may again result in a recommendation of dismissal. (Yin, K)

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(PC) Carr v. Balaji et al Doc. 30 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR CARR, 12 13 14 15 No. 2:19-cv-0688-TLN-EFB P Plaintiff, v. ORDER A. BALAJI, et al., Defendants. 16 17 When plaintiff commenced this civil rights action, he was a state prisoner proceeding 18 without counsel. ECF No. 1. On February 12, 2020, the court screened the pro se complaint 19 pursuant to 28 U.S.C. § 1915A. ECF No. 6. The court dismissed the complaint, explained the 20 deficiencies therein, and granted plaintiff thirty days in which to file an amended complaint to 21 cure the deficiencies. Id. Despite multiple extensions of time, plaintiff did not file an amended 22 complaint as ordered. Accordingly, on August 24, 2020, the court recommended that this case be 23 dismissed. ECF No. 21. 24 On October 26, 2020, while the recommendation of dismissal remained pending, plaintiff 25 retained counsel. ECF No. 27. Counsel has filed objections to the findings and recommendations 26 (see ECF No. 29, erroneously captioned “First Amended Complaint”), arguing that the 27 deficiencies identified in the court’s screening order can be cured if given the opportunity. ECF 28 No. 29. The court construes the filing as yet another request for extension of time. Given that 1 Dockets.Justia.com 1 counsel had only recently entered the case and in an abundance of caution, the request is granted. 2 Accordingly, IT IS ORDERED that: 3 4 5 6 7 8 9 1. The August 24, 2020 findings and recommendations (ECF No. 21) are WITHDRAWN; 2. Plaintiff shall file an amended complaint within 30 days from the date of service of this order; and 3. Failure to file an amended complaint that complies with the court’s February 12, 2020 screening order (ECF No. 6) may again result in a recommendation of dismissal. DATED: December 9, 2020. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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