(PC) Van Huisen v. DEA

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY S. VAN HUISEN, No. 2:23-cv-1116 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 DRUG ENFORCEMENT AGENCY, et al., 15 Defendant. 16

17 18 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. During the pendency 19 of plaintiff’s motion for reconsideration, and before the court denied the motion on July 21, 2023, 20 and granted plaintiff sixty days in which to file an amended complaint, plaintiff filed two 21 additional motions for extension of time to amend. (ECF Nos. 22 & 25.) Despite the July 21, 22 2023 order, plaintiff filed a third motion, this time seeking to stay the action for ninety days based 23 on plaintiff’s alleged failure to obtain “adequate legal envelopes.” (ECF No. 29.) Plaintiff claims 24 he has only received two envelopes. 25 Plaintiff fails to explain why he needs more than two envelopes to comply with this 26 court’s June 30, 2023 order to file an amended complaint. No defendant has yet been served, and 27 plaintiff is not required to provide exhibits. Therefore, the undersigned does not find good cause 28 to stay this action for ninety days. ] Further, the court record reflects that plaintiff submits duplicate motions before the court 2 || 1s able to rule on pending motions. For example, plaintiff filed two motions to proceed in forma 3 || pauperis, and four separate motions to add defendants. Plaintiff is cautioned that a litigant 4 || proceeding pro se and in forma pauperis may suffer restricted access to the court where it is 5 || determined that he has filed excessive frivolous motions in a pending action. DeLong v. 6 || Hennessey, 912 F.2d 1144 (9th Cir. 1990). Such motions strain the limited resources of the court. 7 || Plaintiff is directed to exercise appropriate restraint in the future. 8 In an abundance of caution, plaintiff is granted until October 13, 2023, in which to file an 9 || amended complaint that complies with the June 30, 2023 order. The undersigned is not inclined 10 || to grant additional extensions of time, and plaintiffs failure to timely file an amended complaint 11 | will result in a recommendation that this action be dismissed. 12 Accordingly, IT IS HEREBY ORDERED that: 13 1. Plaintiffs motions for an extension of time (ECF No. 22, 25) are partially granted; 14 2. Plaintiffs motion for stay (ECF No. 29) is denied; and 15 3. Plaintiff shall file an amended complaint that complies with the June 30, 2023 order on 16 || or before October 13, 2022. Failure to timely file an amended complaint will result in a 17 || recommendation that this action be dismissed. 18 | Dated: August 8, 2023 " Aectl Aharon 20 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 21 /vanh1116.36d 22 23 24 25 26 27 28