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Kabil v. McGiness

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


August 21, 2008

TALAT MOHAMED KABIL, PLAINTIFF,
v.
JOHN MCGINESS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a former prison inmate proceeding pro se and in forma pauperis with a civil rights action. On July 21, 2008, the court recommended that plaintiff's action be dismissed based on plaintiff's failure to keep the court apprised of his current address. On August 11, 2008, plaintiff filed a notice of change of address, noting he had been deported to Egypt, seeking additional time in which to amend and seek reconsideration of the court's prior orders denying the appointment of counsel. Good cause appearing, the July 21, 2008 findings and recommendations will be vacated.

This is plaintiff's third request for the appointment of counsel. Plaintiff's previous requests were filed on February 27, 2008, May 1, 2008, June 26, 2008. All requests were denied. In light of those orders, plaintiff's August 11, 2008 request will be denied.

Plaintiff has requested a two month extension of time to file an amended complaint pursuant to the court's order of June 16, 2008. Plaintiff will be granted one final extension of time in which to file an amended complaint that complies with the June 16, 2008 order. Plaintiff is cautioned that he is responsible for diligently prosecuting this action; failure to timely file an amended complaint will result in a recommendation that this action be dismissed.

IT IS HEREBY ORDERED that:

1. The July 21, 2008 findings and recommendations are vacated;

2. Plaintiff's August 11, 2008 renewed request for the appointment of counsel is denied; and

3. Plaintiff's August 11, 2008 request for extension of time to file an amended complaint is granted. No further extensions of time will be granted.

20080821

© 1992-2008 VersusLaw Inc.



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