Summary
The United States District Court for the Southern District of California grants Robert Thomas Cavalier’s second motion for an extension of time to amend his § 1983 complaint. The court extends the deadline to May 12, 2025 and warns that failure to amend may result in dismissal for failure to state a claim and failure to prosecute.
Holdings
- A timely request supported by the plaintiff's transfer between correctional institutions, loss of access to legal materials, and lack of law-library access established good cause for extending the deadline to amend.
- A pro se prisoner must comply with court orders and applicable procedural rules, and failure to timely file an amended complaint may result in dismissal, including dismissal with prejudice.
Questions Presented
- Whether the plaintiff established good cause under Federal Rule of Civil Procedure 6(b)(1)(A) for a second extension of the deadline to amend his complaint.
- Whether the court should warn that failure to file an amended complaint by the extended deadline could result in dismissal for failure to state a claim and failure to prosecute.
Disposition
other
Cases Cited (14)
- Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258-59 (9th Cir. 2010)(followed)
- Rodgers v. Watt, 722 F.2d 456, 459 (9th Cir. 1983)(followed)
- Hubbard v. Sheffield, 2014 WL 1309175, at *7 (D. Mont. Mar. 31, 2014), aff'd, 669 F. App'x 443 (9th Cir. 2016)(followed)
- Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990)(followed)
- Eldridge v. Block, 832 F.2d 1132, 1136 (9th Cir. 1987)(followed)
- Tarantino v. Eggers, 380 F.2d 465, 468 (9th Cir. 1967)(followed)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1260-63 (9th Cir. 1992)(followed)
- Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002)(followed)
- Moore v. United States, 193 F.R.D. 647, 653 (N.D. Cal. 2000)(followed)
- Franklin v. Murphy, 745 F.2d 1221, 1232-33 (9th Cir. 1984)(followed)
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Cited In (0)
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Court Document
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