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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 TONIE ELMORE, ) ) Plaintiff, ) ) v. ) ) C/O CAMPOS, et al., ) ) Defendants. ) ____________________________________) 1:12-cv-00335 GSA PC ORDER FOR MORE DEFINITE STATEMENT RESPONSE DUE IN THIRTY DAYS 15 16 Plaintiff is a state prisoner proceeding pro se in a civil rights action pursuant to 42 17 U.S.C. § 1983, alleging violations of his civil rights in connection with the conditions of 18 his confinement at Kern Valley State Prison. Plaintiff alleges that he was denied access 19 to the law library, despite a pending legal deadline. So that the Court can properly 20 evaluate the merits of this case, Plaintiff is hereby ORDERED to submit a more definite 21 statement of the facts involved in this action by filing a written response to the questions 22 posed below within thirty (30) days of the date of this order: 23 QUESTIONS 24 1. Provide the case number and name of the legal action in which a deadline 25 was pending. Identify the court in which it was filed, the date it was filed, 26 and the order dismissing or closing the case. 27 2. 28 Your first amended complaint identifies the following individual 1 defendants: (a) C/O Campos; (b) L. Dikin; (c) M. Biter; (d) E. Flippo; and 2 (e) D. Goree. Briefly describe the alleged personal involvement of each 3 individual defendant in the denial of medical care outlined in the pleadings. 4 List each defendant and state what he or she did (or did not do) to you that 5 you believe was wrong. Be specific as to personal involvement. 6 7 8 INSTRUCTIONS Plaintiff is admonished to heed the following instructions with care. Plaintiff’s 9 response is due thirty (30) days from the date of this order as shown below. Plaintiff is 10 instructed to label his response “Plaintiff’s More Definite Statement” and to include the 11 correct Civil Action Number as shown above in the style of this case. 12 Plaintiff is directed to answer the foregoing questions to the best of his ability 13 based on personal knowledge and the information available to him. He is further advised 14 that legal research or resort to a review of prison records is not required. Plaintiff is 15 instructed to submit his responses to the foregoing questions by copying each question as 16 posed by the Court and then writing the answer as neatly as possible underneath each 17 question in numbered paragraphs corresponding to the question being answered. Plaintiff 18 must also include somewhere in his response the following affirmation: “I swear under 19 penalty of perjury that these answers are true and correct to the best of my knowledge.” 20 No summons will issue until the Court has completed an evaluation of Plaintiff’s 21 response to the foregoing questions. Plaintiff’s failure to comply as directed may 22 result in the dismissal of this action for want of prosecution under Rule 41(b) of the 23 Federal Rules of Civil Procedure without further notice. 24 25 26 27 28 2 1 IT IS SO ORDERED. 2 Dated: 6i0kij June 20, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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