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Steven W. Rose v. State of California

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


February 9, 2011

STEVEN W. ROSE,
PLAINTIFF,
v.
STATE OF CALIFORNIA, DEFENDANT.

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

ORDER REQUIRING PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. By order filed October 27, 2010, the Court dismissed Plaintiff's amended complaint with leave to amend. (Doc. 26.) Upon Plaintiff's request, the Court granted Plaintiff an additional sixty days to file a second amended complaint in accordance with the Court's October 27, 2010 screening order. (Doc. 29.) However, instead of filing an amended pleading, Plaintiff filed a motion to stay the proceedings (Doc. 32), which the assigned district judge denied (Doc. 33) on February 8, 2011. In the interest of justice, the Court will afford Plaintiff a final thirty days to file an amended pleading.

Accordingly, it is HEREBY ORDERED that, within thirty days of the date of service of this order, Plaintiff shall file a second amended complaint in accordance with the Court's October 27, 2010 screening order. Plaintiff is cautioned that failure to comply will result in a recommendation that this action be dismissed. Plaintiff is also cautioned that no further extensions of time will be granted for this purpose, absent a showing of good cause. The filing of motions that lack merit does not constitute good cause.

IT IS SO ORDERED.

20110209

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