Starr v. CDCR

Filing 23

ORDER Granting 21 Motion for Leave to File Amended Complaint signed by Magistrate Judge Gary S. Austin on 06/26/2012. Amended Complaint due by 7/30/2012. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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ROBIN GILLEN STARR,
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Plaintiff,
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v.
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A. TREVINO, M.D., et al.,
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Defendants.
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____________________________________)

1:11-cv-02108 AWI GSA PC
ORDER GRANTING MOTION FOR
LEAVE TO FILE AMENDED
COMPLAINT (ECF No. 21)
AMENDED COMPLAINT DUE IN
THIRTY DAYS

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Plaintiff is a state prisoner proceeding pro se in this civil rights action. This proceeding

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was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Pending before

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the Court is Plaintiff’s Apri 17, 2012, motion for leave to file an amended complaint.

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This action was initiated by civil complaint filed by Plaintiff on December 22, 2011. On

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January 19, 2012, Plaintiff filed a motion for leave to file an amended complaint pursuant to

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Federal Rule of Civil Procedure 15(a). Because Plaintiff had not amended the complaint and no

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appearance had been made by any defendant, the Court granted the motion and directed Plaintiff

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to file his first amended complaint within thirty days, using the form provided to Plaintiff by the

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Court.

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On February 15, 2012, Plaintiff filed a motion titled “motion to file amended complaint

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on torture.” On April 6, and April 17, 2012, Plaintiff filed motions for leave to file an amended

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complaint. Plaintiff is reminded that his January19, 2012, motion was granted, and he has leave

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to file an amended compliant. No further leave of Court is required. Plaintiff may amend the

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complaint once, as a matter of right, prior to any appearance by defendants. Plaintiff is also

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cautioned that, as the initiator of this action, it is his responsibility for prosecuting it. The Court

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will therefore grant Plaintiff thirty days in which to file an amended complaint. Should Plaintiff

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fail to do so, the Court will screen the original complaint.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff is granted thirty days from the
date of service of this order in which to file a first amended complaint.

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IT IS SO ORDERED.

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Dated:
6i0kij

June 26, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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