Lewis v. Alison et al
Filing
20
SECOND ORDER DIRECTING Plaintiff to Either File Amended Complaint OR Notify Court of Willingness to Proceed on Cognizable Claims, signed by Magistrate Judge Barbara A. McAuliffe on 10/25/13: 30-Day Deadline for Plaintiff to comply with this order. (Attachments: # 1 Amended Complaint - blank form)(Hellings, J)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
HOMER TYRONE LEWIS,
12
13
14
15
16
17
18
Plaintiff,
v.
KATHLEEN ALISON, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 1:12-cv-00856-LJO-BAM (PC)
SECOND ORDER DIRECTING PLAINTIFF TO
EITHER FILE AMENDED COMPLAINT OR
NOTIFY COURT OF WILLINGNESS TO
PROCEED ON COGNIZABLE CLAIMS
Plaintiff Homer Tyrone Lewis (“Plaintiff”) is a state prisoner proceeding pro se and in forma
19
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his second amended
20
complaint on September 6, 2013. On October 8, 2013, the Court screened Plaintiff’s second amended
21
complaint and found that it stated a cognizable claim of retaliation in violation of the First Amendment
22
against Defendants Alison, Adams, Junious, Denny, Parr and Garza, but did not state any other claims
23
for relief under section 1983. The Court ordered Plaintiff to either file an amended complaint or notify
24
the Court in writing that that he is willing to proceed only on his claim of retaliation. (ECF No. 17.)
25
On October 23, 2013, Plaintiff filed two documents: (1) a notification of his willingness to
26
proceed on the cognizable claim of retaliation (ECF No. 18); and (2) a declaration and request for
27
judicial notice of a typographical error (ECF No. 19). In the declaration and request for judicial
28
notice, Plaintiff states that he made a typographical error throughout the second amended complaint
1
1
and, based on the changed wording, asks the Court to reconsider whether he stated a cognizable claim
2
for denial of access to the court. (ECF No. 15, p. 19.) This request is not consistent with Plaintiff’s
3
notice that he is willing to proceed only on his claim for retaliation. Plaintiff must clarify his intent.
4
5
6
7
8
9
10
11
Accordingly, IT IS HEREBY ORDERED that within thirty (30) days from the date of service
of this order, Plaintiff must either:
1.
File a third amended complaint to correct the typographical error and/or cure the
deficiencies identified by the Court in its October 8, 2013 order; or
2.
Notify the Court in writing that he does not wish to file an amended complaint and is
willing to proceed only on his claim of retaliation in violation of the First Amendment against
Defendants Alison, Adams, Junious, Denny, Parra and Garza.
If Plaintiff fails to comply with this order, this action will be dismissed for failure to obey a
12
court order.
13
IT IS SO ORDERED.
14
15
Dated:
/s/ Barbara
October 25, 2013
A. McAuliffe
_
UNITED STATES MAGISTRATE JUDGE
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?