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Stevens v. Attorney General of the State of California

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


August 24, 2010

LYRALISA LAVENA STEVENS, PLAINTIFF,
v.
ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. By order filed June 10, 2010, plaintiff's complaint was dismissed with leave to file an amended complaint. (Doc. #5.) Instead of filing an amended complaint, plaintiff has filed a motion seeking a stay of the action pending litigation of her claims in the Court of Appeal, First Appellate District. (Doc. # 7.)

Plaintiff's motion is brought prematurely. The undersigned hereby grants plaintiff an additional twenty-eight days from the date of this Order to file an amended complaint. If this court finds plaintiff's amended complaint to state a colorable claim pursuant to 42 U.S.C. § 1983, plaintiff may then seek a stay of the action pending her state court litigation.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Plaintiff is granted an extension of time to file an amended complaint within twenty-eight days from the date of service of this order. Failure to file an amended complaint will result in a recommendation that the action be dismissed.

2. The inapposite motion for a stay of abeyance (Doc. #8) is vacated without prejudice.

20100824

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