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)

Download PDF
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?