(PC) Foust v. California Medical Facility, No. 2:2021cv00540 - Document 52 (E.D. Cal. 2022)
Court Description: ORDER signed by Magistrate Judge Dennis M. Cota on 6/24/2022 VACATING 50 Findings and Recommendations and GRANTING Plaintiff an extension of time. Plaintiff shall file a second amended complaint within 30 days of the date of this order. (Huang, H)
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(PC) Foust v. California Medical Facility Doc. 52 Case 2:21-cv-00540-KJM-DMC Document 52 Filed 06/27/22 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARL FOUST, 12 Plaintiff, 13 14 No. 2:21-CV-0540-KJM-DMC-P v. ORDER CALIFORNIA MEDICAL FACILITY, 15 Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. On November 3, 2021, the Court dismissed Plaintiff’s first amended complaint 19 20 with leave to amend and directed Plaintiff to file an amended complaint within 30 days. See ECF 21 No. 21. Since that time, the Court has granted Plaintiff 30-day extensions of time on three 22 separate occasions. See ECF Nos. 27, 34, 44. As of May 20, 2022, Plaintiff had not filed a 23 second amended complaint within the time provided therefor and the Court issued findings and 24 recommendations that this action be dismissed without prejudice for lack of prosecution and 25 failure to comply with court rules and orders. See ECF No. 50. On May 27, 2022, Plaintiff filed 26 a “statement,” which the Court construes as a request for another extension of time. See ECF No. 27 51. 28 /// 1 Dockets.Justia.com Case 2:21-cv-00540-KJM-DMC Document 52 Filed 06/27/22 Page 2 of 2 1 In the interests of justice and providing Plaintiff a full and fair opportunity to be 2 heard, the Court is willing to grant Plaintiff one additional extension of time to file a second 3 amended complaint. Accordingly, IT IS HEREBY ORDERED that the findings and 4 recommendations issued on May 20, 2022, are vacated, Plaintiff is granted an extension of time, 5 and Plaintiff shall file a second amended complaint within 30 days of the date of this order. 6 7 Dated: June 24, 2022 ____________________________________ 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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