Cranford v. Medina

Filing 21

ORDER in Response to Plaintiff's Notice to the Court; ORDER STRIKING Third Amended Complaints filed on May 29, 2014 16 and Lodged on June 4, 2014 17 ; Order for Clerk to File Third Amended Complaint Lodged on June 11, 2014 18 , signed by Magistrate Judge Gary S. Austin on 06/25/14. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARCHIE CRANFORD, 12 1:13-cv-00210-GSA-PC ORDER IN RESPONSE TO PLAINTIFF’S NOTICE TO THE COURT (Doc. 20.) Plaintiff, 13 vs. 14 RENEE MEDINA, et al., 15 Defendants. ORDER STRIKING THIRD AMENDED COMPLAINTS FILED ON MAY 29, 2014 AND LODGED ON JUNE 4, 2014 (Docs. 16, 17.) 16 ORDER FOR CLERK TO FILE THIRD AMENDED COMPLAINT LODGED ON JUNE 11, 2014 (Doc. 18.) 17 18 19 20 I. 21 BACKGROUND Archie Cranford ("Plaintiff") is a civil detainee proceeding pro se and in forma pauperis 22 in this civil rights action pursuant to 42 U.S.C. ' 1983. 23 commencing this action on February 8, 2013. (Doc. 1.) 24 II. Plaintiff filed the Complaint PLAINTIFF’S THIRD AMENDED COMPLAINTS 25 On May 16, 2014, the court issued an order dismissing Plaintiff’s Second Amended 26 Complaint for failure to state a claim, with leave to amend within thirty days. (Doc. 13.) On 27 May 29, 2014, June 4, 2014, and June 16, 2014, Plaintiff submitted Third Amended 28 1 1 Complaints, each one different from the others. (Docs. 16, 17, 18.) On June 16, 2014, the 2 court issued an order requiring Plaintiff to notify the court of his intentions in submitting three 3 Third Amended Complaints. (Doc. 19.) 4 On June 23, 2014, Plaintiff filed a response to the court’s order, notifying the court that 5 he intends to proceed with the Third Amended Complaint lodged on June 11, 2014. (Doc. 20.) 6 Therefore, the court shall strike Plaintiff’s other two Third Amended Complaints. 7 III. ORDER 8 Based on the foregoing, IT IS HEREBY ORDERED that: 9 1. 10 11 from the record; 2. 12 13 Plaintiff’s Third Amended Complaint lodged on June 4, 2014, is STRICKEN from the record; 3. 14 15 Plaintiff’s Third Amended Complaint filed on May 29, 2014, is STRICKEN The Clerk of Court is directed to FILE the Third Amended Complaint which was lodged on June 11, 2014; and 4. The court shall screen the Third Amended Complaint in due time. 16 17 18 19 IT IS SO ORDERED. Dated: June 25, 2014 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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