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Brian Keith Stafford v. P. J. Brazelton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 22, 2012

BRIAN KEITH STAFFORD,
PLAINTIFF,
v.
P. J. BRAZELTON,
DEFENDANT.

ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO FILE CLAIMS ON COMPLAINT FORM Doc. 5 THIRTY DAY DEADLINE

On June 28, 2012, Plaintiff Brian Keith Stafford ("Plaintiff"), a state prisoner proceeding pro se, wrote a letter to the United States District Court, for the Northern District of California, complaining of conditions at Pleasant Valley State Prison ("PVSP"). Doc. 1. On June 28, 2012, the Court construed Plaintiff's letter as a civil rights action pursuant to 42 U.S.C. § 1983, and ordered Plaintiff to file his claims on a complaint form if he wanted to proceed. Doc. 3. On July 16, 2012, Plaintiff filed a motion for an extension of time in which to file his claims on a complaint form. Doc. 5. On October 11, 2012, the Court transferred this action to the United States District Court for the Eastern District of California, Fresno Division *fn1 since the claims in Plaintiff's letter took place at PVSP. Doc. 6.

In Plaintiff's motion for an extension of time in which to file his claims on a complaint form, he states that he is attempting to utilize the administrative appeals process. Doc. 5. *fn2 The Court HEREBY GRANTS Plaintiff's motion for an extension of time in which to file his claims on a complaint form.

Accordingly, it is HEREBY ORDERED that:

1. The Clerk's Office shall send Plaintiff a complaint form;

2. Within thirty (30) days from the date of service of this order, Plaintiff shall file his claims on a complaint form; and

3. If Plaintiff fails to file his claims on a complaint form, the Court will dismiss this action, without prejudice, for failure to prosecute.

IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE


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