Opinion
Civil Action No. 09-cv-02530-BNB.
April 13, 2010
ORDER
On April 12, 2010, Mr. Gillon filed a Letter requesting an extension of thirty days to file an Amended Complaint. Mr. Gillon asserts he needs an extension of time because he has been placed in lockdown and does not have access to the prison library. He also asserts that he has other litigation in which he has a filing due date that is simultaneous with the due date in this action. The request is DENIED.
Mr. Gillon does not specify what legal materials he needs to obtain from the prison library, and the Court finds he does not need to engage in legal research to amend the Complaint as directed by the Court. Furthermore, the lockdown notice dated April 4, 2010, which Mr. Gillon has attached to the Letter, indicates that the lockdown is for a few days and prohibits only commissary sales and visitations. Nothing in the notice indicates he is denied access to the prison library for needed legal materials. The Court notes Mr. Gillon does not need to attend the library to request or obtain needed legal materials.
Mr. Gillon was first directed to file an Amended Complaint on December 18, 2009, almost four months ago. Simply because he has other litigation pending and due dates in that litigation does not justify an extension of time to meet a due date in this action. Mr. Gillon is responsible for managing his litigation.
The Court, however, will allow Mr. Gillon an additional eleven days to file an Amended Complaint to compensate for the delay in his receipt of the Court's order entered on March 25, 2010. It appears that the Court's order was not mailed to Mr. Gillon until March 29, 2010. In the future, however, if Mr. Gillon seeks to claim a delay in the processing of his mail he must submit evidence of the date he actually received the correspondence from or sent the correspondence to the Court. Accordingly it is
ORDERED that Mr. Gillon's request for an extension of thirty days to file an Amended Complaint is DENIED. It is
FURTHER ORDERED that Mr. Gillon shall file an Amended Complaint by May 7, 2010. The Amended Complaint must be docketed in the Court Clerk's office on or before May 7, 2010. If Mr. Gillon fails to comply with this Order the Complaint and action will be dismissed without further notice. No further extensions of time shall be granted.