BENTON v. STANZIONE et al, No. 2:2022cv01476 - Document 10 (D.N.J. 2022)

Court Description: MEMORANDUM OPINION AND ORDER granting 9 Plaintiff's request for an extension of time to submit an amended complaint. Plaintiff may submit his amended complaint for my 28 U.S.C. § 1915 review by September 9, 2022. Signed by Judge Evelyn Padin on 7/29/2022. (qa, )(n/m)

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BENTON v. STANZIONE et al Doc. 10 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ : EDMOND BENTON, : : Plaintiff, : Civ. No. 22-1476 (EP) (ESK) : v. : MEMORANDUM OPINION & ORDER : : MRS. DOREEN STANZIONE, et al., : : : Defendants. : ______________________________ : APPEARANCE: Edmond Benton 000720 East Jersey State Prison Ad-8eq-Unit S.T.U. 8 Production Way Avenel, NJ 07001 Plaintiff Pro se PADIN, District Judge WHEREAS, Plaintiff Edmond Benton submitted a complaint on March 10, 2022, DE 1; and WHEREAS, Plaintiff submitted a series of “addendums” to his complaint. On June 23, 2022, the Honorable Brian R. Martinotti, D.N.J. ordered Plaintiff to submit an amended complaint that contained all the claims Plaintiff wanted included in his civil action within 45 days. DE 6. This matter was reassigned to me on June 28, 2022, DE 7; and Dockets.Justia.com WHEREAS, Plaintiff requests an extension of time to submit his amended complaint. DE 9. He states that he has limited access to the law library and needs additional time to draft the amended complaint. Id.; and WHEREAS, I will grant Plaintiff’s request for additional time to submit his amended complaint in the interests of justice. Plaintiff may submit his amended complaint by September 9, 2022. The amended complaint will be subject to my review under 28 U.S.C. § 1915 prior to service. If Plaintiff fails to submit his amended complaint within that timeframe, I will consider his original complaint as the operative complaint in this action and screen the original complaint. THEREFORE, IT IS on this 29th day July , 2022 ORDERED that Plaintiff’s request for an extension of time to submit an amended complaint, DE 9, be, and hereby is, granted; and it is further ORDERED that Plaintiff may submit his amended complaint for my 28 U.S.C. § 1915 review by September 9, 2022. If Plaintiff fails to submit his amended complaint within that timeframe, I will consider his original complaint as the operative complaint in this action and screen the original complaint; and it is finally ORDERED that the Clerk shall send Plaintiff a copy of this Order by regular mail. At Newark, New Jersey EVELYN PADIN, U.S.D.J. 2

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