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Smith v. Anti

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 4, 2008

ROBERT G. SMITH, PLAINTIFF,
v.
ANTI, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

On June 27, 2008, the court granted plaintiff a thirty day extension of time to file an amended complaint. On July 28, 2008, plaintiff filed a request for judicial notice stating that he cannot file his amended complaint because he has not been granted adequate law library access. Plaintiff alleges that his legal mail has been upheld for months on previous occasions. Plaintiff also alleges that on the one day of the month, apparently July, that he was allowed access to his legal property, it was in a state of disarray. Plaintiff is apparently given limited access to his legal property because he is in administrative segregation.

Plaintiff does not allege that his legal mail regarding the instant action is presently being delayed. In addition, plaintiff does not allege why he requires law library access to prepare the amended complaint. The December 17, 2007, order dismissing the original complaint set forth the pleading defects for plaintiff to cure. The amended complaint requires only a short and plain statement of the claim, see Fed. R. Civ. P. 8, and not citation to legal authority. While plaintiff's legal property may have been in "disarray," it is unclear how this prevented plaintiff from preparing his amended complaint.

The court will grant plaintiff an additional thirty days to file an amended complaint. No further requests for extension of time will be granted but for a showing of substantial cause.

Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days from the date of this order to file an amended complaint; no further extensions of time will be granted but for a showing of substantial cause; failure to file an amended complaint within this time will result in a recommendation of dismissal of this action.

20080804

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