Green v. Ferguson, et al.

Filing 17

ORDER Regarding The Court's Previous Order Finding Service of Original Complaint Appropriate 15 , signed by Magistrate Judge Jennifer L. Thurston on 10/4/11: Within fourteen (14) days from the date of this order, Plaintiff will submit to this Court two (2) copies of the original endorsed complaint; Failure to comply will result in a recommendation dismissing this action. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VENCIL GREEN,

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Plaintiff,

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ORDER REGARDING THE COURT’S
PREVIOUS ORDER FINDING SERVICE OF
ORIGINAL COMPLAINT APPROPRIATE

vs.
DR. LARRY N. FERGUSON, et al.,

(Doc. 15)

Defendants.

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Case No. 1:10-cv-01768 AWI JLT (PC)

/
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action
pursuant to 42 U.S.C. § 1983.

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Following screening of Plaintiff’s original complaint, the Court found Plaintiff had raised two

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cognizable claims: (1) inadequate medical care in violation of the Eighth Amendment against

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Defendants Ferguson and Lackovic; and (2) retaliation in violation of the First Amendment against

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Defendants Ferguson and Lackovic. (Doc. 10). Pursuant to this finding, the Court ordered Plaintiff to

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notify the Court as to whether he wished to proceed only on those claims found cognizable or file an

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amended complaint. (Doc. 10). On August 12, 2011, Plaintiff notified the Court in writing that he

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wished to proceed on “only those claims found cognizable by the Court” in his originally filed

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complaint. (Doc. 12).

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On September 23, 2011, the Court ordered service of Plaintiff’s original complaint. (Doc. 15).

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However, on October 3, 2011, the Court received Plaintiff’s submission of documents, which included
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a copy of Plaintiff’s amended complaint. Plaintiff’s submission of a newly amended complaint fails to

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comply with the Court’s earlier order which found service of Plaintiff’s original complaint appropriate.

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Accordingly, it is HEREBY ORDERED that:

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1.

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Within fourteen (14) days from the date of this order, Plaintiff will submit to this Court
Two (2) copies of the original endorsed complaint.

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Plaintiff is once again cautioned that failure to comply with this order will result in
a recommendation dismissing this action.

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IT IS SO ORDERED.

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Dated: October 4, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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