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Wheeler v. American Tobacco Co.

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


June 23, 2010

JOHN FREDERICK WHEELER, PLAINTIFF,
v.
AMERICAN TOBACCO CO., INC., DEFENDANTS.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER GRANTING PLAINTIFF A 30-DAY EXTENSION TO FILE FIRST AMENDED COMPLAINT

(Doc. 5)

On June 23, 2010, the Court granted Plaintiff's motion to proceed in forma pauperis and ordered that his complaint be dismissed with leave to amend. Although this order was served on Plaintiff at the address that he lists as his usual residence, Plaintiff claims that he did not receive it in a timely fashion and has not had sufficient time to prepare an amended complaint. Plaintiff requests an additional ninety days to prepare his First Amended Complaint.

Based upon Plaintiff's representation and good cause appearing, the Court will GRANT Plaintiff an extension of 30 days to file his First Amended Complaint.

Accordingly, IT IS ORDERED that:

1. Plaintiff is GRANTED 30 days from the date of service of this order to file a First Amended Complaint. The First Amended Complaint must reference the docket number assigned to this case and must be labeled "First Amended Complaint." Failure to file a First Amended Complaint in accordance with this order will result in a recommendation that this action be dismissed pursuant to Local Rule 110.

Plaintiff is admonished that he must strictly comply with the requirements for filing a timely "First Amended Complaint." Also, Plaintiff is advised that he must address the deficiencies noted in this order and he must file only non-frivolous claims against appropriate defendants. If he fails to comply with this order, the Court will recommend dismissal of this action with prejudice.

IT IS SO ORDERED.

20100623

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