Brown v. United States of America et al

Filing 40

ORDER signed by Magistrate Judge Michael J. Seng on 9/18/2012 denying 38 Motion to add and amend pleadings. Third Amended Complaint due by 10/15/2012. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH ANTHONY BROWN,

CASE No. 1:11-cv-01562-MJS (PC)

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ORDER DENYING PLAINTIFF’S MOTION
TO ADD AND AMEND PLEADINGS

Plaintiff,

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v.

(ECF No. 38)
THIRD AMENDED COMPLAINT MUST BE
FILED BY OCTOBER 15, 2012

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UNITED STATES OF AMERICA, et al.,
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Defendants.

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/

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Plaintiff Joseph Anthony Brown, a federal prisoner proceeding pro se filed this
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action on September 15, 2011 pursuant to 42 U.S.C. § 1983 and Bivens v. Six
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Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971).
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(Compl., ECF No. 1.) Plaintiff has consented to Magistrate Judge jurisdiction. (Consent,
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ECF No. 6.)
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On March 14, 2012, the Complaint was screened and dismissed, with leave to
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amend, for failure to state a claim. (Order Dismiss. Compl., ECF No. 12.) On May 2,
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2012, Plaintiff’s First Amended Complaint (First Am. Compl., ECF No. 16) was similarly
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dismissed for failure to state a claim. (Order Dismiss. First Am. Compl., ECF No. 22.)
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On August 24, 2012, Plaintiff (1) filed a motion to add a supplemental complaint (Mot.
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to Supp., ECF No. 33), and (2) lodged a second amended complaint. (Second Am.
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Compl., ECF No. 34.) On August 29, 2012, the Court ordered that Plaintiff notify the

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Court in writing whether he wished to proceed upon the lodged Second Amended

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Complaint or file a third amended complaint. (ECF No. 35.) On September 10, 2012,

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Plaintiff filed a motion to clarify, correct and request permission (ECF No. 36) to file a

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third amended complaint and that have his previously filed supplemental complaint

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serve as the third amended complaint. On September 12, 2012, the Court issued its

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order denying the request to proceed on the supplemental complaint and granting the

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request to file a third amended complaint by not later than October 15, 2012. (ECF No.

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37.) On September 14, 2012, Plaintiff filed a motion to add and amend his previously

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filed second amended complaint and supplemental complaint (ECF No. 38); that motion

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is now before the Court.
Plaintiff’s motion to add and amend his previously filed second amended and

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supplemental complaints is denied. His previous request to proceed on the second

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amended complaint and supplemental complaint was denied. He was ordered to file a

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third amended complaint by October 15, 2012 and advised that failure to do so would

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result in dismissal of this action. (ECF No. 37.) That Order stands.

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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff’s motion to add and amend his previously filed second amended
and supplemental complaints (ECF No. 38) is DENIED,

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2.

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Plaintiff must file his third amended complaint by not later than October
15, 2012, and

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3.

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If Plaintiff fails to file a third amended complaint in compliance with this

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order, this action will be dismissed with prejudice for failure to obey the

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Court’s order and failure to state a claim.

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IT IS SO ORDERED.

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Dated:
ci4d6

September 18, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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