Opinion
1:21-cv-00837-ADA-HBK (PC)
08-24-2023
JOHNNY MCGEE, Plaintiff, v. GALAGER, PATTERSON, YOKUM, WRIGHT, Defendant.
ORDER GRANTING PLAINTIFF'S REQUEST FOR EXTENSION OF TIME
(Doc. No. 16)
SEPTEMBER 22, 2023 DEADLINE
HELENA M. BARCH-KUCHTA, UNITED STATES MAGISTRATE JUDGE
On August 21, 2023, Plaintiff filed a letter addressed to “Office of The Clerk,” requesting for an extension of time. (Doc. No. 16). Notably, the letter is undated and does not contain a caption, i.e., neither the names of the parties nor the case number appears at the top of the document. (See generally id.). The letter does not address what specific deadline Plaintiff seeks an extension to nor the amount of time Plaintiff seeks but refers to needing time to file an amended complaint. (Id.). The Federal Rules dictate the appropriate type of pleadings, including how motions are to be filed with the court. Fed.R.Civ.P. 7(b). The document fails to comport with this Court's procedural rules and local rules of which Plaintiff was advised. (See Doc. No. 3 at ¶¶ C, E, F advising pro se prisoner of Fed.R.Civ.P. 7, Local Rules 131, 133). Plaintiff is cautioned that any future deficient pleadings will be stricken. Nonetheless, the Court will address the letter, which the Court liberally construes as a motion requesting an extension of time to comply with the Court's July 28, 2023 Screening Order.
The Court may grant an extension of time “with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires.” Fed.R.Civ.P. 6(b)(1)(A). Plaintiff's amended complaint was due to be delivered to correctional officials for mailing no later than August 30, 2023. (See Doc. No. 15). Thus, Plaintiff's construed request for an extension of time is timely. Plaintiff states he requires an extension of time because he was transferred to California State Prison Solano and only recently received the Court's July 28, 2023 Screening Order and has not been “classified to library access” yet. ((Doc. No. 16). The Court finds good cause to grant Plaintiff an extension of time to comply with the Court's July 28, 2023 Screening Order. Plaintiff may wish to advise correctional officials that he is under a court ordered deadline to gain access to the law library.
Accordingly, it is ORDERED:
1. Plaintiff's construed motion for an extension of time (Doc. No. 16) is GRANTED to the extent that Plaintiff must deliver his response to the Court's July 28, 2023 Screening Order to correctional officials for mailing no later than September 22, 2023.
2. If Plaintiff fails to timely file his response to the screening order, despite this extension of time, the undersigned will recommend the district court dismiss this case for Plaintiff's failure to prosecute this action and comply with a court order.