Crim v. Management & Training Corp. et al

Filing 64

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MICHAEL CRIM, 12 13 14 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.) 15 16 17 18 ORDER FOR PLAINTIFF TO FILE THIRD AMENDED COMPLAINT IN COMPLIANCE WITH COURT’S SCREENING ORDER (Doc. 59.) Defendants. 19 / 20 21 John Michael Crim (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with this 22 civil rights action pursuant to Bivens v. Six Unknown Agents, 403 U.S. 388 (1971). On May 25, 2012, 23 the Court issued an Order requiring Plaintiff to either file a Third Amended Complaint that complies 24 with Rule 18, or notify the Court of his willingness to proceed only against defendant McBride for 25 retaliation or only against defendants Mann and Patrick for disciplinary action related to the IFRP. (Doc. 26 59.) On June 4, 2012, Plaintiff notified the Court in writing that he was willing to proceed only against 27 defendants Mann and Patrick on the IFRP claim. (Doc. 60.) On June 5, 2012, the Court issued an Order 28 1 1 for Plaintiff to submit service documents to the Court to initiate service upon defendants Mann and 2 Patrick, within thirty days. (Doc. 61.) On June 5, 2012, the Court also entered Findings and 3 Recommendations, recommending that the remaining defendants be dismissed from this action. (Doc. 4 62.) On June 8, 2012, Plaintiff notified the Court in writing that he has changed his mind about 5 proceeding only against defendants Mann and Patrick, and now seeks to file a Third Amended 6 Complaint. (Doc. 63.) 7 In light of Plaintiff’s request to file a Third Amended Complaint, the Court shall vacate the Order 8 requiring Plaintiff to submit service documents, and vacate the Findings and Recommendations. 9 Plaintiff is now required to file a Third Amended Complaint pursuant to the Court’s Screening Order 10 of May 25, 2012. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. 13 The Court’s Order requiring Plaintiff to submit service documents, issued on June 5, 2012, is VACATED; 14 2. 15 The Court’s Findings and Recommendations, issued on June 5, 2012, are VACATED; and 16 3. 17 Plaintiff is required to file a Third Amended Complaint pursuant to the Court’s Screening Order of May 25, 2012. 18 19 IT IS SO ORDERED. 20 Dated: 6i0kij June 14, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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