Elmore v. Campos et al

Filing 9

ORDER for More Definite Statement, signed by Magistrate Judge Gary S. Austin on 6/20/2012. Response Due in Thirty Days. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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TONIE ELMORE,

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Plaintiff,
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v.
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C/O CAMPOS, et al.,
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Defendants.
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____________________________________)

1:12-cv-00335 GSA PC
ORDER FOR MORE DEFINITE
STATEMENT
RESPONSE DUE IN THIRTY DAYS

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Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42
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U.S.C. § 1983, alleging violations of his civil rights in connection with the conditions of
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his confinement at Kern Valley State Prison. Plaintiff alleges that he was denied access
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to the law library, despite a pending legal deadline. So that the Court can properly
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evaluate the merits of this case, Plaintiff is hereby ORDERED to submit a more definite
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statement of the facts involved in this action by filing a written response to the questions
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posed below within thirty (30) days of the date of this order:
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QUESTIONS
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1.

Provide the case number and name of the legal action in which a deadline

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was pending. Identify the court in which it was filed, the date it was filed,
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and the order dismissing or closing the case.
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2.
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Your first amended complaint identifies the following individual

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defendants: (a) C/O Campos; (b) L. Dikin; (c) M. Biter; (d) E. Flippo; and

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(e) D. Goree. Briefly describe the alleged personal involvement of each

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individual defendant in the denial of medical care outlined in the pleadings.

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List each defendant and state what he or she did (or did not do) to you that

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you believe was wrong. Be specific as to personal involvement.

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INSTRUCTIONS
Plaintiff is admonished to heed the following instructions with care. Plaintiff’s

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response is due thirty (30) days from the date of this order as shown below. Plaintiff is

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instructed to label his response “Plaintiff’s More Definite Statement” and to include the

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correct Civil Action Number as shown above in the style of this case.

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Plaintiff is directed to answer the foregoing questions to the best of his ability

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based on personal knowledge and the information available to him. He is further advised

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that legal research or resort to a review of prison records is not required. Plaintiff is

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instructed to submit his responses to the foregoing questions by copying each question as

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posed by the Court and then writing the answer as neatly as possible underneath each

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question in numbered paragraphs corresponding to the question being answered. Plaintiff

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must also include somewhere in his response the following affirmation: “I swear under

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penalty of perjury that these answers are true and correct to the best of my knowledge.”

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No summons will issue until the Court has completed an evaluation of Plaintiff’s

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response to the foregoing questions. Plaintiff’s failure to comply as directed may

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result in the dismissal of this action for want of prosecution under Rule 41(b) of the

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Federal Rules of Civil Procedure without further notice.

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IT IS SO ORDERED.

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Dated:
6i0kij

June 20, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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