Cranford v. Medina

Filing 19

ORDER for Plaintiff to Notify the Court of his Intentions, signed by Magistrate Judge Gary S. Austin on 06/16/14. (30- Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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1:13-cv-00210-GSA-PC

Plaintiff,

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ORDER FOR PLAINTIFF TO NOTIFY THE
COURT OF HIS INTENTIONS

vs.
THIRTY DAY DEADLINE

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RENEE MEDINA, et al.,

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Defendants.

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I.

BACKGROUND
Archie Cranford ("Plaintiff") is a civil detainee proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. ' 1983.

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commencing this action on February 8, 2013. (Doc. 1.) On February 21, 2013, Plaintiff

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consented to Magistrate Judge jurisdiction in this action pursuant to 28 U.S.C. ' 636(c), and no

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other parties have made an appearance. (Doc. 5.)

Plaintiff filed the Complaint

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On May 16, 2014, the court issued an order dismissing Plaintiff’s Second Amended

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Complaint for failure to state a claim, with leave to amend within thirty days. (Doc. 13.) On

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May 29, 2014, Plaintiff filed the Third Amended Complaint. (Doc. 16.) On June 4, 2014,

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Plaintiff submitted another Third Amended Complaint, which was lodged by the Clerk. (Doc.

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17.) On June 11, 2014, Plaintiff submitted still another Third Amended Complaint, which was

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lodged by the Clerk. (Doc. 18.)
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Plaintiff has now submitted three Third Amended Complaints, each different from the

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other. The court granted Plaintiff leave to file only one Third Amended Complaint. At this

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stage of the proceedings, Plaintiff requires leave of court to amend the complaint. Before

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submitting an amended complaint, Plaintiff must first file a motion for leave to amend,

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indicating which parts of the complaint he seeks to amend and why the amendment is needed.

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Plaintiff did not file a motion to amend and therefore, the Third Amended Complaints lodged

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on June 4, 2014 and June 11, 2014, were improperly submitted.

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Plaintiff shall be required to notify the court of his intentions and how he wishes to
proceed.
II.

ORDER

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In light of the foregoing, IT IS HEREBY ORDERED that:

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1.

Within thirty days of the date of service of this order, Plaintiff shall notify the

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court in writing of his intentions in submitting three Third Amended

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Complaints, and how he wishes to proceed; and

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2.

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Plaintiff’s failure to comply with this order may result in the dismissal of this
action.

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IT IS SO ORDERED.
Dated:

June 16, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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