(PS) Legardy v. Subway Sandwich Shop

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FLETCHER LEGARDY, No. 2:23-cv-01897-DJC-CKD (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS

v. SUBWAY SANDWICH SHOP, Defendant. 16 Plaintiff, proceeding pro se, filed a complaint and requested leave to proceed in forma pauperis. (See ECF Nos. 1, 2, 3.) The court granted plaintiff’s IFP request and dismissed the complaint under Rule 8(a) for failure to state a discernable claim for relief. (ECF No. 5.) Plaintiff was given 28 days to further amend the complaint and was warned that failure to do so by the required deadline could result in sanctions, including “dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).” (Id. at 4.) On December 1, 2023, plaintiff filed a request for extension of time to file a second amended complaint; however, plaintiff’s request was not supported by good cause. (ECF Nos. 6, 7.) Nonetheless, the court granted plaintiff an additional fourteen days to file an amended 26 …