(PC) Dawson v. Lynch ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CARLOS MANWELL DAWSON, No. 2:21-cv-0510 KJM AC P 11 Plaintiff, 12 v. ORDER 13 JEFF LYNCH, et al., 14 Defendants. 15 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 17 § 1983, has requested an extension of time to file an amended complaint. ECF No. 35. 18 By order filed August 19, 2022, the undersigned screened the complaint and found that it 19 did not state a claim for relief. ECF No. 22. Plaintiff was given the opportunity to file an 20 amended complaint, but instead indicated that he intended to seek reconsideration of the 21 screening order and requested an extension of time to do so. ECF No. 28. Despite receiving 22 extensions of time to seek reconsideration (ECF Nos. 29, 31), plaintiff failed to do so and was 23 ordered to file an amended complaint within thirty days (ECF No. 34). Plaintiff therefore had 24 until February 6, 2023, to file an amended complaint, and his motion for an extension of time, 25 which indicates it was mailed on February 12, 2023 (ECF No. 35 at 5), is untimely.1 26 27 1 Houston v. Lack, 487 U.S. 266, 276 (1988) (establishing rule that a pro se prisoner’s court document is deemed filed on the date the prisoner delivered the document to prison officials for 28 mailing). 1 In his motion, plaintiff states that he ran out of ink on January 27, 2023, and was not able 2 || to receive a replacement until February 10, 2023. ECF No. 35. The untimeliness of the motion 3 || will therefore be excused, and plaintiff's request for an extension of time will be granted. 4 | However, in light of the significant delay that occurred as a result of plaintiff's expressed desire 5 || to seek reconsideration, which he then failed to pursue, no further extensions of time will be 6 || granted absent a showing of extraordinary circumstances. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiffs motion for an extension of time (ECF No. 35) is GRANTED. 9 2. Within fourteen days from the service of this order, plaintiff shall file a first amended 10 || complaint. No further extension of time will be granted absent a showing of extraordinary 11 || circumstances. Failure to file an amended complaint will result in a recommendation that this 12 || action be dismissed without further warning. 13 || DATED: February 27, 2023 14 Chttien— Chane ALLISON CLAIRE Id UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28