UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CAITLIN NICOLE PETERS, No. 2:23-cv-00684-DAD-CKD (PS) Plaintiff, ORDER
V. CHARLES ERVIN, ET AL., Defendants. 16 On October 3, 2023, this court granted plaintiff leave to proceed in forma pauperis and granted plaintiff leave to file an amended complaint within twenty-eight days; i.e., by October 31, 2023. (ECF No. 3.) Plaintiff was cautioned that failure to timely file either an amended complaint or a notice of voluntary dismissal would result in a recommendation that this case be dismissed. (Id. at 5.) Plaintiff filed her First Amended Complaint (FAC) on November 13, 2023, and therefore her filing is untimely. (ECF No. 5.) However, as it is clear that plaintiff intends to pursue this case, and in light of plaintiff’s representations that she is experiencing homelessness, the undersigned will not recommend dismissal of this action at this time. (See id. at 12, indicating that plaintiff has been chronically homeless since November 2020.)…