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Porter v. Jennings

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 15, 2009

SAMUEL K. PORTER, PLAINTIFF,
v.
CAPTAIN JENNINGS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO FILE AN AMENDED COMPLAINT (Doc. 17) SIXTY-DAY DEADLINE

Plaintiff Samuel K. Porter, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 17, 2009. On August 28, 2009, Plaintiff was ordered to file an amended complaint within thirty days. Plaintiff filed a notice of appeal of the Court's screening order on September 14, 2009. In the appeal, Plaintiff also seeks an extension of time to comply with the August 28 order.

Inasmuch as Plaintiff is appealing a non-appealable interlocutory order, the Court has not been divested of jurisdiction and Plaintiff remains obligated to comply with the Court's order to amend. Nascimento v. Dummer, 508 F.3d 905, 908 (9th Cir. 2007). Therefore, Plaintiff's request for an extension of time to comply is HEREBY GRANTED. Plaintiff has sixty (60) days from the date of service of this order within which to file an amended complaint.

IT IS SO ORDERED.

20091015

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