Crim v. Management & Training Corp. et al
Filing
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ORDER VACATING 61 Order for Plaintiff to Submit Service Documents; ORDER VACATING 62 FINDINGS AND RECOMMENDATIONS of June 5, 2012; and ORDER for Plaintiff to File a Third Amended Complaint in Compliance With Court's Screening Order (Doc. 59 ) signed by Magistrate Judge Gary S. Austin on 6/14/2012. (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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JOHN MICHAEL CRIM,
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1:09-cv-02041-AWI-GSA-PC
Plaintiff,
ORDER VACATING ORDER FOR
PLAINTIFF TO SUBMIT SERVICE
DOCUMENTS TO COURT
(Doc. 61.)
v.
MANAGAMENT & TRAINING
CORP., et al.,
ORDER VACATING FINDINGS
AND RECOMMENDATIONS OF
JUNE 5, 2012
(Doc. 62.)
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ORDER FOR PLAINTIFF TO FILE
THIRD AMENDED COMPLAINT IN
COMPLIANCE WITH COURT’S
SCREENING ORDER
(Doc. 59.)
Defendants.
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John Michael Crim (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with this
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civil rights action pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388 (1971). On May 25, 2012,
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the Court issued an Order requiring Plaintiff to either file a Third Amended Complaint that complies
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with Rule 18, or notify the Court of his willingness to proceed only against defendant McBride for
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retaliation or only against defendants Mann and Patrick for disciplinary action related to the IFRP. (Doc.
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59.) On June 4, 2012, Plaintiff notified the Court in writing that he was willing to proceed only against
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defendants Mann and Patrick on the IFRP claim. (Doc. 60.) On June 5, 2012, the Court issued an Order
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for Plaintiff to submit service documents to the Court to initiate service upon defendants Mann and
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Patrick, within thirty days. (Doc. 61.) On June 5, 2012, the Court also entered Findings and
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Recommendations, recommending that the remaining defendants be dismissed from this action. (Doc.
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62.) On June 8, 2012, Plaintiff notified the Court in writing that he has changed his mind about
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proceeding only against defendants Mann and Patrick, and now seeks to file a Third Amended
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Complaint. (Doc. 63.)
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In light of Plaintiff’s request to file a Third Amended Complaint, the Court shall vacate the Order
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requiring Plaintiff to submit service documents, and vacate the Findings and Recommendations.
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Plaintiff is now required to file a Third Amended Complaint pursuant to the Court’s Screening Order
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of May 25, 2012.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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The Court’s Order requiring Plaintiff to submit service documents, issued on June 5,
2012, is VACATED;
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2.
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The Court’s Findings and Recommendations, issued on June 5, 2012, are VACATED;
and
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3.
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Plaintiff is required to file a Third Amended Complaint pursuant to the Court’s Screening
Order of May 25, 2012.
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IT IS SO ORDERED.
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Dated:
6i0kij
June 14, 2012
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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