IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 14, 2011
ALVIN J. SCHROEDER,
JAMES A. YATES, ET AL.,
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER DENYING MOTION FOR CHANGE OF VENUE ORDER GRANTING EXTENSION OF TIME TO FILE OBJECTIONS OBJECTIONS DUE IN TWENTY DAYS
(ECF No. 13 )
Plaintiff is a former state prisoner proceeding pro se in this civil rights action. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On December 13, 2010, an order was entered, dismissing the complaint for failure to state a claim, and granting Plaintiff leave to file an amended complaint to cure the defects identified in the order. On December 27, 2010, Plaintiff filed a first amended complaint. On January 4, 2011, findings and recommendations were entered, recommending that this action be dismissed for failure to state a claim upon which relief could be granted. Plaintiff was granted thirty days in which to file obections.
On January 26, 2011, Plaintiff filed a motion to stay this action and to transfer this action to the Central District of California. On March 1, 2011, an order was entered, denying Plaintiff's motion for a stay and denying his request to change venue. On March 4, 2011, Plaintiff filed a notice of change of address, indicating his release from custody, and again requesting a stay and a change of venue. For the reasons cited in the earlier order, Plaintiff's March 4, 2011, motion for a stay and change of venue is denied. The Court will grant Plaintiff one further extension of time in which to file objections to the findings and recommendations.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's March 4, 2011, motion for a stay and change of venue is denied.
2. Plaintiff is granted and extension of time of twenty days from the date of service of this order in which to file objections to the findings and recommendations.
IT IS SO ORDERED.
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