Gray v. Johnson et al

Filing 40

ORDER Regarding Plaintiff's Motion For Inquiry (Document 39 ), Twenty-One Day Deadline, signed by Magistrate Judge Dennis L. Beck on 6/8/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANA GRAY,

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Plaintiff,
v.
JOHNSON, et al.,

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Case No. 1:13-cv-01473 DLB PC
ORDER REGARDING PLAINTIFF’S
MOTION FOR INQUIRY
(Document 39)
TWENTY-ONE DAY DEADLINE

Defendants.

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Plaintiff Dana Gray (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis,

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filed this civil rights action on September 12, 2013. Pursuant to Court order, Plaintiff filed a First

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Amended Complaint on May 5, 2014, and a Second Amended Complaint (“SAC”) on February 23,

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2015.

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The Court screened the SAC on April 27, 2015, and ordered Plaintiff to either file an

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amended complaint or notify the Court of her willingness only to proceed on the cognizable claims.

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Plaintiff was permitted to amend only the negligence claim.

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On June 4, 2015, Plaintiff filed her second motion for inquiry/clarification. She asks if she

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may add Dr. Mundunari to the allegations, asks whether two factual statements are required, and

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when the amended complaint is due.

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Plaintiff may add Dr. Mundunari to the amended complaint. She need only state the facts
once. Finally, if Plaintiff fails to successfully amend the negligence claim, the Court would
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normally proceed on the Eighth Amendment claims previously found cognizable. However, if

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Plaintiff amends to add Defendant Mundunari, the Court will have to screen the claims against her.

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Plaintiff’s amended complaint is due on or about June 16, 2015. As Plaintiff may not receive

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this order prior to that day, the Court will extend the deadline twenty-one (21) days from the date of

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service of this order.

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No additional extensions will be permitted absent extraordinary circumstances.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 8, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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