Opinion
No. CIV S-06-0427 ALA P.
February 25, 2008
ORDER
Plaintiff Kenneth Sierra is a state prisoner proceeding pro se and in forma pauperis in this civil rights actions pursuant to 42 U.S.C. § 1983. On February 21, 2008, plaintiff requested an additional fifteen days to file his amended complaint. Plaintiff also requested a temporary restraining order. For the reasons stated below, both requests will be denied.
On May 4, 2007, plaintiff's complaint was dismissed because the complaint was not legible. Plaintiff was given thirty days to file an amended complaint. On June 15, 2007, plaintiff was granted a sixty day extension of time to file his amended complaint. On September 6, 2007, plaintiff was granted an additional thirty days. On November 2, 2007, plaintiff was granted an additional sixty-three days. Finally, on January 4, 2008, plaintiff was yet again granted sixty-three days to file an amended complaint. Plaintiff now seeks additional time.
The court has been waiting for plaintiff to file his amended complaint for over nine months. Even under difficult conditions involving complex matters, it should not take plaintiff nine months to make an illegible complaint legible.
Now plaintiff asks this court to impose a temporary restraining order against defendants who are unaware of this action because plaintiff has not crafted a valid complaint. This court will not entertain such a request.
Therefore, IT IS HEREBY ORDERED that:
1. Plaintiff's February 21, 2008, motion for a temporary restraining order is DENIED;
2. Plaintiff's February 21, 2008, motion for an extension of time is DENIED; and
3. Plaintiff is reminded that failure to file an amended complaint within the allotted time may result in dismissal.