Green v. Chakotos et al

Filing 56

ORDER Directing Clerk of Court to Return Lodged Third Amended Complaint 51 , signed by Magistrate Judge Dennis L. Beck on 10/15/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IRA GREEN,

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Plaintiff,

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Case No. 1:11-cv-01611 LJO DLB PC

v.
JOHN CHAKOTOS,

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ORDER DIRECTING CLERK OF COURT TO
RETURN LODGED THIRD AMENDED
COMPLAINT
[ECF No. 51]

Defendant.

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Plaintiff Ira Green, a state prisoner proceeding pro se and in forma pauperis, filed this civil

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rights action pursuant to 42 U.S.C. § 1983 on September 22, 2011. This action is proceeding on

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Plaintiff’s Second Amended Complaint, filed on May 3, 2013, against Defendant John Chakotos for

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a claim of deliberate indifference in violation of the Eighth Amendment. Defendant filed an answer

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to the Second Amended Complaint on August 25, 2014, and the Court issued a scheduling order on

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August 26, 2014. Currently, the case is in the discovery phase.
On October 2, 2014, Plaintiff lodged a Third Amended Complaint. Plaintiff did not move to

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file a Third Amended Complaint, and the Court finds no reason to file the lodged complaint at this

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time.

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ORDER
Accordingly, the Clerk of Court is DIRECTED to return the lodged complaint [ECF No. 51]
to Plaintiff.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

October 15, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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