Rosner v. Wellpath

Summary

The United States District Court for the Eastern District of California grants Jessie Rosner’s fourth motion for an extension of time to file an amended complaint in a pro se civil rights action. The court grants one final 30-day extension, directs that a copy of the screening order be provided as a one-time exception, and warns that failure to comply will result in submission of the prior dismissal recommendation without further notice.

Holdings

1. Plaintiff did not establish excusable neglect because his one-sentence motion provided no adequate explanation for the delay and he had repeatedly failed to timely seek extensions or file an amended complaint.
2. The court granted one final thirty-day extension as an equitable exception because no defendant had appeared and therefore no prejudice was shown, while warning that no further extension would be granted.

Questions Presented

1. Whether Plaintiff showed excusable neglect sufficient to warrant an extension of the expired deadline to file an amended complaint under Federal Rule of Civil Procedure 6(b).
2. Whether the court should grant one final extension despite Plaintiff's repeated failure to comply with court orders.

Disposition

other