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Robins v. California Dept. of Corrections

United States District Court, E.D. California
May 12, 2008
No. CIV S-06-2943 JKS DAD P (E.D. Cal. May. 12, 2008)

Opinion

No. CIV S-06-2943 JKS DAD P.

May 12, 2008


ORDER


Plaintiff has requested a ninety day extension of time to file an amended complaint. Good cause appearing, plaintiff's request will be granted in part. Plaintiff will be granted thirty days from the date of this order in which to file an amended complaint. No further extensions of time will be granted for this purpose.

Plaintiff is advised that Rule 8(a)(2) of the Federal Rules of Civil Procedure "requires only `a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to `give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Bell Atlantic Corp. v. Twombly, ___ U.S. ___, ___, 127 S. Ct. 1955, 1964 (2007) (quotingConley v. Gibson, 355 U.S. 41, 47 (1957)). Plaintiff is also advised that he has an obligation to diligently prosecute this case.

Plaintiff is reminded that, to proceed with this action, he must also pay the required filing fee of $350.00 or submit a properly completed application to proceed in forma pauperis. Plaintiff is cautioned that the in forma pauperis application form includes a section that must be completed by a prison official, and the form must be accompanied by a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of this action.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's April 21, 2008 request for an extension of time is granted in part;

2. Plaintiff is granted thirty days from the date of this order to file an amended complaint. Plaintiff shall also submit, within thirty days from the date of this order, the $350.00 filing fee or a properly completed application to proceed in forma pauperis. Failure to comply with this order will result in a recommendation that this action be dismissed; and

3. The Clerk of the Court is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action.


Summaries of

Robins v. California Dept. of Corrections

United States District Court, E.D. California
May 12, 2008
No. CIV S-06-2943 JKS DAD P (E.D. Cal. May. 12, 2008)
Case details for

Robins v. California Dept. of Corrections

Case Details

Full title:PAUL ROBINS, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al.…

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

Date published: May 12, 2008

Citations

No. CIV S-06-2943 JKS DAD P (E.D. Cal. May. 12, 2008)