Johnson v. Yulit et al

Filing 32

ORDER in Response to Plaintiff's Notice of Clarification 30 ; ORDER Vacating Deadline for Plaintiff to File Motion to Amend; ORDER Directing Clerk to Send Plaintiff a Conformed Copy of his Second Amended Complaint 26 , signed by Magistrate Judge Gary S. Austin on 2/10/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT JOHNSON,

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Plaintiff,

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1:12-cv-00947-GSA-PC
ORDER IN RESPONSE TO PLAINTIFF’S
NOTICE OF CLARIFICATION
(Doc. 30.)

vs.
DR. YULIT, et al.,

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ORDER VACATING DEADLINE FOR
PLAINTIFF TO FILE MOTION TO AMEND
(Doc. 28.)

Defendants.

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ORDER DIRECTING CLERK TO SEND
PLAINTIFF A CONFORMED COPY OF
HIS SECOND AMENDED COMPLAINT
(Doc. 26.)

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I.

BACKGROUND

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

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint

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commencing this action on June 1, 2012. (Doc. 1.) On June 19, 2012, Plaintiff consented to

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the jurisdiction of a Magistrate Judge in this action, and no other parties have appeared. (Doc.

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9.)

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Plaintiff filed the First Amended Complaint on January 14, 2013. (Doc. 21.) On

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November 14, 2013, Plaintiff submitted a proposed Second Amended Complaint, which was

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lodged by the court. (Doc. 24.) After reviewing Plaintiff’s complaints, the court sua sponte

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granted Plaintiff leave to amend, and the Second Amended Complaint was filed on November

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20, 2013. (Docs. 25, 26.)
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On January 15, 2014, Plaintiff submitted another amended complaint which the court

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construed as a proposed Third Amended Complaint, which was lodged by the court. (Doc. 27.)

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On January 17, 2014, the court issued an order striking the lodged Third Amended Complaint

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as improperly submitted without a motion to amend. (Doc. 28.) Plaintiff was granted thirty

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days in which to file a motion to amend the complaint, if he so wished. (Id.)

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On February 3, 2014, Plaintiff filed a notice clarifying the status of his multiple

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complaints. (Doc. 30.) Plaintiff explains that the amended complaint he submitted on January

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15, 2014 was not intended as a proposed Third Amended Complaint, but instead was a copy of

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the Second Amended Complaint for the Clerk to conform and return to him.

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Good cause appearing, the court shall provide Plaintiff with a conformed copy of his

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Second Amended Complaint, and the deadline for Plaintiff to file a motion to amend shall be

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vacated.

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1.

The thirty-day deadline for Plaintiff to file a motion to amend, established by the
court’s order of January 17, 2014, is VACATED;

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2.

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The Clerk is directed to send Plaintiff a conformed copy of the Second
Amended Complaint filed on November 20, 2013 (Doc. 26); and

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3.

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Plaintiff’s Second Amended Complaint shall be screened by the court in due
time.

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IT IS SO ORDERED.
Dated:

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February 10, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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