Pickering v. Clark et al

Filing 34

ORDER DIRECTING Clerk of Court to Return Plaintiff's 32 Lodged Third Amended Complaint, signed by Magistrate Judge Dennis L. Beck on 12/2/2014. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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WAYNE L. PICKERING,

Case No. 1:11-cv-00937 LJO DLB PC

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Plaintiff,
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v.
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ORDER DIRECTING CLERK OF COURT
TO RETURN PLAINTIFF’S LODGED
THIRD AMENDED COMPLAINT
(Document 32)

ENENMOH,
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Defendant.
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Plaintiff Wayne L. Pickering (“Plaintiff”) is a California state prisoner proceeding pro se in
this civil action pursuant to 42 U.S.C. § 1983.

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On May 23, 2013, the Court determined that Plaintiff’s Second Amended Complaint did not
state any cognizable claims and dismissed it without leave to amend. Plaintiff appealed the
dismissal.

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On August 1, 2014, the Ninth Circuit reversed in part and remanded the action for further
proceedings. The Court determined that, at the screening stage, Plaintiff’s Second Amended
Complaint stated a cognizable Eighth Amendment claim against Defendant Enenmoh.

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By separate order, Plaintiff was instructed to return service documents.
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On November 21, 2014, Plaintiff lodged a Third Amended Complaint. As this action is

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proceeding based on the Ninth Circuit’s review of Plaintiff’s Second Amended Complaint, and was

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remanded on that basis, the Court ORDERS the Clerk of Court to RETURN the lodged Third

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Amended Complaint to Plaintiff.

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This action will proceed on Plaintiff’s Second Amended Complaint.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

December 2, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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