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Chandler v. Walker

United States District Court, E.D. California
Dec 8, 2010
No. CIV S-08-2861 KJM P (E.D. Cal. Dec. 8, 2010)

Opinion

No. CIV S-08-2861 KJM P.

December 8, 2010


ORDER


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.

DATED: December 7, 2010.


Summaries of

Chandler v. Walker

United States District Court, E.D. California
Dec 8, 2010
No. CIV S-08-2861 KJM P (E.D. Cal. Dec. 8, 2010)
Case details for

Chandler v. Walker

Case Details

Full title:KEITH CHANDLER Plaintiff, v. J. WALKER, et al. Defendants

Court:United States District Court, E.D. California

Date published: Dec 8, 2010

Citations

No. CIV S-08-2861 KJM P (E.D. Cal. Dec. 8, 2010)