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Dustin v. Galaza

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


June 17, 2009

DALE OWEN DUSTIN, PLAINTIFF,
v.
G. GALAZA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER

On April 9, 2009, an order was entered, dismissing the First Amended Complaint and granting Plaintiff leave to file a Second Amended Complaint. Plaintiff failed to do so and a recommendation of dismissal was entered. On May 21, 2009, Plaintiff filed objections to the findings and recommendations.

In his objections, Plaintiff seeks an extension of time in which to file a second amended complaint. Plaintiff also indicates that he does not have a copy of the August 20, 2008, first amended complaint.

Accordingly, IT IS HEREBY ORDERED that:

1. The May 11, 2009, findings and recommendations are vacated.

2. The Clerk's Office shall send to Plaintiff a copy of the August 20, 2008, first amended complaint.

3. Plaintiff is granted an extension of time of thirty days from the date of service of this order in which to file a Second Amended Complaint. The Second Amended Complaint shall be in compliance with the April 9, 2009, order.

IT IS SO ORDERED.

20090617

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