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Ortega v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 21, 2010

EDWARD ORTEGA, PLAINTIFF,
v.
WARDEN JAMES A. YATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DISCHARGING ORDER TO SHOW CAUSE AND GRANTING EXTENSION OF TIME TO FILE AMENDED COMPLAINT (Doc. 9, 10)

Plaintiff Edward Ortega ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 24, 2010, Plaintiff was ordered to show cause why this action should not be dismissed for Plaintiff's failure to obey a court order. (Doc. #9.) The Court had previously ordered Plaintiff to file an amended complaint and Plaintiff did not file an amended complaint within the thirty (30) day deadline.

Plaintiff responded to the order to show cause on June 18, 2010. Plaintiff explains that he did not file his amended complaint on time because his "legal helper" was busy preparing filings for Plaintiff in other cases and that Plaintiff lacked the reading skills to prepare his amended complaint on his own. Plaintiff also requested a thirty (30) day extension of time to file his amended complaint.

The Court will grant Plaintiff's request for a thirty (30) day extension and discharge the order to show cause. However, Plaintiff is advised that, in the future, Plaintiff must request extensions of time before the relevant deadline passes.

Accordingly, it is HEREBY ORDERED that:

1. The Court's May 24, 2010 order to show cause is DISCHARGED; and

2. Plaintiff is granted and extension of time of THIRTY (30) DAYS from the date of service of this order to file his amended complaint.

IT IS SO ORDERED.

20100621

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