Morgan v. Tilton et al

Filing 69

ORDER Requiring Defendant Hernandez to File Answer to Third Amended Complaint Within Thirty Days, signed by Magistrate Judge Gary S. Austin on 10/1/2012. (Jessen, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KELLY MORGAN,

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Plaintiff,

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vs.
TILTON, et al.,

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1:08-cv-00233-LJO-GSA-PC
ORDER REQUIRING DEFENDANT
HERNANDEZ TO FILE ANSWER
TO THIRD AMENDED COMPLAINT
WITHIN THIRTY DAYS
(Doc. 45.)

Defendants.
_____________________________/

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Kelly Morgan (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on February 15, 2008. (Doc.

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1.) This case now proceeds on Plaintiff’s Third Amended Complaint, filed on July 28, 2011, against

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defendant Correctional Officer (C/O) M. Hernandez (“Defendant”) for retaliation and obstruction of

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mail, in violation of the First Amendment.1 (Doc. 45.)

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On December 22, 2011, Defendant filed a motion to dismiss this action based on Plaintiff’s

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failure to exhaust administrative remedies before filing suit. (Doc. 57.) On September 28, 2012, the

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Court issued an order denying Defendant's motion to dismiss. (Doc. 68.) Defendant is now required

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to file an Answer to the Third Amended Complaint.

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Accordingly, IT IS HEREBY ORDERED that defendant Hernandez is required to file an
Answer to the Third Amended Complaint within thirty days from the date of service of this order.

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IT IS SO ORDERED.

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Dated:
6i0kij

October 1, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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All remaining claims and defendants were dismissed from this action by the Court on October 17, 2011, based on
Plaintiff’s failure to state a claim. (Doc. 52.)