Castle v. Chen

Filing 10

ORDER DIRECTING Plaintiff to Identify the Operative Pleading and NOTIFY the Court of his Selection; Fourteen (14) Day Deadline signed by Magistrate Judge Michael J. Seng on 3/5/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SY LEE CASTLE,

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CASE NO.
Plaintiff,

1:12-cv-00326-MJS (PC)

ORDER DIRECTING PLAINTIFF TO
IDENTIFY THE OPERATIVE PLEADING AND
NOTIFY THE COURT OF HIS SELECTION

v.

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C. CHEN,

(ECF Nos. 8 and 9)

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Defendant.

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FOURTEEN (14) DAY DEADLINE
/

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On March 5, 2012, Plaintiff Sy Lee Castle, a state prisoner proceeding pro se and

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in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.)

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The Court screened the Complaint on February 28, 2013 and determined that Plaintiff

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stated cognizable inadequate medical care and retaliation claims against Defendant Chen.

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The Court ordered Plaintiff to complete and return service documents within thirty days.

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(ECF No. 8.)

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Plaintiff filed a First Amended Complaint on March 1, 2013. (ECF No. 9.)
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The Court is uncertain whether Plaintiff wishes to proceed on the cognizable claims

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against Defendant Chen identified in the original complaint or allow that pleading to be

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superceded by the First Amended Complaint, which has not been screened and may or

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may not allege cognizable claims.

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Accordingly, it is HEREBY ORDERED THAT:

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1.

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Within fourteen (14) days of service of this Order, Plaintiff shall notify the

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Court in writing whether he wishes to proceed upon the cognizable claims

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against Defendant Chen in his original complaint or upon the unscreened

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First Amended Complaint; and

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2.

If Plaintiff fails to provide such notice, the Court will assume Plaintiff wishes

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to proceed on the cognizable claims against Defendant Chen in his original

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Complaint, in which case the First Amended Complaint (ECF No. 9) shall be

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disregarded and service documents previously provided to the Plaintiff shall

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be completed and returned to the Court within 30 days following service of

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this Order.

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IT IS SO ORDERED.
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Dated:

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ci4d6

March 5, 2013

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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