Hurley

(PC) Diaz v. Hurley

Good Law
United States District Court, Eastern District of CaliforniaAugust 19, 20222:19-cv-01241California661 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL ENRIQUE DIAZ, No. 2:19-cv-1241 KJM KJN P Plaintiff, v. ORDER ASSOCIATE WARDEN HURLEY, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. I. Background On May 26, 2022, plaintiff filed objections to the December 29, 2021 findings and recommendations, seeking another extension of time to file his second amended complaint.1 (ECF No. 84.) Plaintiff claimed that he was prepared to file his amended pleading within thirty days, and argued the court should vacate the findings and recommendations and accept the amended pleading.

Over a year ago, on May 21, 2021, plaintiff’s amended complaint was dismissed with leave to file a second amended complaint. (ECF No. 59.) Since then, plaintiff has been…

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