Opinion
1:22-cv-00916-BAM (PC)
10-03-2022
RUBEN FIGUEROA, Plaintiff, v. CLARK, et al., Defendants.
ORDER CONSTRUING PLAINTIFF'S NOTICE OF CHANGE OF ADDRESS AS A MOTION FOR EXTENSION OF TIME
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO RESPOND TO SCREENING ORDER (ECF NO. 6)
ORDER DIRECTING CLERK OF COURT TO RE-SERVE AUGUST 25, 2022 SCREENING ORDER
BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE
Plaintiff Ruben Figueroa (“Plaintiff”') is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On August 25, 2022, the Court issued a screening order directing Plaintiff to file an amended complaint or a notice of voluntary dismissal within thirty (30) days. (ECF No. 5.) On September 30, 2022, Plaintiff submitted a notice of change of address which further explained that Plaintiff submitted a motion for appointment of counsel and for a 90 to 120-day enlargement of time in early September and a second copy on September 16, 2022, yet he had not received a response as of the date of his notice of change of address. (ECF No. 6.) Plaintiff further explains that he was paroled on September 30, 2022. (Id.)
As it appears the Court did not receive Plaintiff's prior requests for enlargement of time or for appointment of counsel before paroling, the Court construes the notice of change of address as a motion for extension of time to respond to the Court's screening order. The Court finds good cause exists to grant a thirty-day extension of time and will direct the Clerk of the Court to reserve the Court's screening order on Plaintiff at his new address.
Accordingly, it is HEREBY ORDERED that:
1. Plaintiff's notice of change of address, (ECF No. 6), is construed as a motion for extension of time;
2. Plaintiff's motion for extension of time to respond to screening order, (ECF No. 6), is GRANTED;
3. The Clerk's Office shall send Plaintiff:
a. A complaint form; and
b. A copy of the Court's August 25, 2022 screening order, (ECF No. 5);
4. Within thirty (30) days from the date of service of this order, Plaintiff shall file a first amended complaint curing the deficiencies identified by the Court's August 25, 2022 screening order (or file a notice of voluntary dismissal); and
5. If Plaintiff fails to file a first amended complaint in compliance with the Court's August 25, 2022 screening order, the Court will recommend dismissal of this action, with prejudice, for failure to obey a court order and for failure to state a claim .
IT IS SO ORDERED.