IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 7, 2010
KEITH CHANDLER PLAINTIFF,
J. WALKER, ET AL. DEFENDANTS.
Plaintiff is a state prisoner proceeding through appointed counsel with an action under 42 U.S.C. § 1983. On July 8, 2010, plaintiff was allowed sixty days in which to file an amended complaint; counsel was appointed soon thereafter. On October 6, 2010, the court ordered that plaintiff show cause why this case should not be dismissed for his failure to file an amended complaint.
Plaintiff's counsel has responded to the show cause order, representing that arrangements with the prison where plaintiff is housed have delayed his collaboration with plaintiff but that he and plaintiff are now in contact. He seeks additional time in which to investigate plaintiff's claims and, presumably, to file an amended complaint. Good cause appearing, plaintiff will have additional time in which to file an amended complaint or, should plaintiff and counsel decide plaintiff currently does not have a viable claim, to enter a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i).
Good cause appearing, IT IS HEREBY ORDERED that plaintiff, acting through counsel, has thirty days from the entry of this order in which to file an amended complaint or to enter a notice of voluntary dismissal.
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