Fields v. Rosenthal
Filing
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ORDER For Defendant Rosenthal To File Response To Second Amended Complaint Within Thirty Days (Doc. 17 ), signed by Magistrate Judge Gary S. Austin on 10/25/2012. (Responses due by 11/30/2012) (Fahrney, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KEVIN FIELDS,
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1:10-cv-01764-GSA-PC
Plaintiff,
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vs.
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ORDER FOR DEFENDANT ROSENTHAL TO
FILE RESPONSE TO SECOND AMENDED
COMPLAINT WITHIN THIRTY DAYS
(Doc. 17.)
R. ROSENTHAL,
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Defendant.
/
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Kevin Fields (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action
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pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by civil complaint at the Kings County
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Superior Court on August 11, 2010 (Case #10-C0309). On September 23, 2010, defendant
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Rosenthal (“Defendant”) removed the case to federal court by filing a Notice of Removal of Action
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pursuant to 28 U.S.C. § 1441(b). (Doc. 1.)
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On October 7, 2010, Plaintiff filed the First Amended Complaint. (Doc. 5.) The Court
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screened the First Amended Complaint pursuant to 28 U.S.C. § 1915A and entered an order on May
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21, 2012, giving Plaintiff two options, (1) to file a Second Amended Complaint, or (2) to notify the
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Court of his willingness to proceed on the claims found cognizable by the Court. (Doc. 9.) On May
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29, 2012, Plaintiff filed written notice that he was willing to proceed on the claims found cognizable
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by the Court. (Doc. 11.)
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On June 20, 2012, Defendant filed a motion to dismiss the First Amended Complaint for
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failure to state a claim. (Doc. 12.) On July 5, 2012, Plaintiff filed a motion for reconsideration of
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the Court's May 21, 2012 screening order. (Doc. 13.) On July 26, 2012, the Court entered an order
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denying Plaintiff's motion for reconsideration and giving Plaintiff two options, (1) to file a Second
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Amended Complaint, or (2) to notify the Court of his willingness to proceed on the claims found
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cognizable by the Court. (Doc. 16.) On August 22, 2012, Plaintiff filed a Second Amended
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Complaint. (Doc. 17.) On August 24, 2012, the Court denied Defendant's motion to dismiss as
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moot. (Doc. 18.)
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At this stage of the proceedings, Defendant is required to file a response to Plaintiff's Second
Amended Complaint.
Accordingly, IT IS HEREBY ORDERED that Defendant Rosenthal shall file a response to
Plaintiff's Second Amended Complaint within thirty days of the date of service of this order.
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IT IS SO ORDERED.
Dated:
6i0kij
October 25, 2012
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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