Rodriguez v. CDCR Departmental Review Board et al

Filing 23

ORDER DISCHARGING Order to Show Cause; ORDER GRANTING 21 Days to File Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 7/5/13. (Attachments: # 1 Amended Complaint - blank form)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS V. RODRIGUEZ,

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Plaintiff,

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v.

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CDCR DEPARTMENTAL REVIEW

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BOARD, et al.,

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Defendant.

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Case No.: 1:12-cv-00757 – JLT (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE; ORDER GRANTING 21 DAYS TO FILE
AMENDED COMPLAINT

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Plaintiff (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with a civil

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rights action pursuant to 42 U.S.C. § 1983. On May 14, 2013, the Court granted Plaintiff an additional

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30 days from the date of service of the Order to amend his complaint or notify the Court whether he

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wished to proceed on his cognizable claims. (Doc. 20). When the Court did not receive either the

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amended complaint or a notification whether Plaintiff wished to proceed on the cognizable claims, the

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Court ordered Plaintiff to show cause why the matter should not be dismissed. (Doc. 21)

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On July 3, 2012, Plaintiff wrote to the Court and reported he prepared an amended complaint

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and believes that the Court misfiled it in another of Plaintiff’s cases (Rodriquez v. Tilton, Case # 2:08-

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CV-01028 GEB AC). (Doc. 22) Review of that docket reveals Plaintiff filed an amended complaint in

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that case which reflects the case number of the Tilton matter, on June 6, 2013. It does appear that this

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complaint may have been filed in the wrong case. However, because it was filed in the case that
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corresponds to the case number Plaintiff placed in the caption, the Court will not now refile the

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complaint in this current action.

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Instead, Plaintiff is granted 21 days to file his amended complaint in this action.

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IT IS SO ORDERED.
Dated:

July 5, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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