Hunter v. Yates, et al.

Filing 24

ORDER REQUIRING Defendants to File Response to Second Amended Complaint Within Forty-Five (45) Days, Signed by Magistrate Judge Sandra M. Snyder on 4/27/2009. Response to Second Amended Complaint due by 6/15/2009. (Arellano, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

TREMAINE HUNTER, Plaintiff, vs. YATES, et al., Defendants. _____________________________/

1:07-cv-00151-AWI-SMS-PC ORDER REQUIRING DEFENDANTS TO FILE RESPONSE TO SECOND AMENDED COMPLAINT WITHIN FORTY-FIVE DAYS

Tremaine Hunter ("plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the instant action in the Fresno County Superior Court on November 29, 2006. The action was removed to federal court by the defendants on January 24, 2007. (Doc. 1.) This action now proceeds on plaintiff's second amended complaint filed on January 5, 2009, against defendants James Yates (Warden) and Felix Igbinosa (Chief Medical Dr.), on plaintiff's Eighth Amendment Valley Fever claims.1 The court has screened the second amended complaint pursuant to 28 U.S.C. § 1915A. At this stage of the proceedings, defendants Yates and Igbinosa are required to file a response to the second amended complaint.

T h e Court issued an order on April 17, 2009, dismissing all remaining claims. (Doc. 23.)

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Accordingly, IT IS HEREBY ORDERED that defendants Yates and Igbinosa shall file a response to plaintiff's second amended complaint, filed January 5, 2009, within forty-five days of the date of service of this order. IT IS SO ORDERED. Dated: icido3 April 27, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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