Brooks v. Brooks

Northern District of California, cand-4:2015-cv-02192

ORDER Extending Deadline to File Amended Complaint. Signed by Magistrate Judge Donna M. Ryu on 08/24/2015. (dmrlc1, COURT STAFF) (Additional attachment(s) added on 8/25/2015: # {{1}} Certificate/Proof of Service)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 CHARLES ANTHONY BROOKS, 7 Case No. 15-cv-02192-DMR Plaintiff, 8 v. ORDER EXTENDING DEADLINE TO 9 FILE AMENDED COMPLAINT CHARLES EDWARDS BROOKS, 10 Defendant. 11 12 On May 15, 2015, Plaintiff Charles Anthony Brooks filed suit in this Court along with an Northern District of California United States District Court 13 application to proceed in forma pauperis ("IFP"). [Docket Nos. 1, 2.] On July 22, 2015, the court 14 granted the IFP application and dismissed Plaintiff's complaint with leave to amend, ordering 15 Plaintiff to file an amended complaint by no later than August 12, 2015. [Docket No. 9.] The 16 Clerk served the court's July 22, 2015 order on Plaintiff at the address he provided to the Court 17 when he filed his complaint. [Docket No. 9-1.] Plaintiff did not file an amended complaint. 18 On August 14, 2015, after the deadline to file an amended complaint had passed, Plaintiff 19 filed a letter to the court dated August 5, 2015. In the letter, Plaintiff represents that he was 20 arrested on July 6, 2015 and has been incarcerated since that date, and asks for mail to be sent to 21 the correctional facility where he is incarcerated. [Docket No. 10.] It appears that Plaintiff did not 22 receive the court's July 22, 2015 letter. Although it is Plaintiff's responsibility to promptly notify 23 the court of his mailing address, the court will allow Plaintiff an additional two weeks in which to 24 file an amended complaint. Therefore, Plaintiff shall file an amended complaint by no later than 25 September 8, 2015. Failure to file an amended complaint by September 8, 2015 may result 26 in dismissal of this action for failure to prosecute. The court orders the Clerk to serve a copy of 27 this order along with its July 22, 2015 order on Plaintiff at his updated address. 28 ISTRIC TES D TC TA O S U ED RT DERED UNIT O OR 1 IT IS SO ORDERED. IT IS S R NIA 2 Dated: August 24, 2015 ______________________________________ 3 M. Ryu NO Donna M. o n Ryun a dge DMagistrate Judge FO 4 JuStates United RT LI ER H A 5 N C F D IS T IC T O 6 R 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2