McNeal v. Gonzalez

Filing 14

ORDER DISREGARDING Plaintiff's 13 Response to Screening Order; ORDER GRANTING Extension of Time to File Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 12/2/2014. Amended Complaint Due Within Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VERNON MCNEAL,

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Plaintiff,

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v.
D. GONZALEZ,

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Defendant.

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1:14-cv-00030-BAM (PC)
ORDER DISREGARDING PLAINTIFF’S
RESPONSE TO SCREENING ORDER
(ECF No. 13)
ORDER GRANTING EXTENSION OF
TIME TO FILE AMENDED COMPLAINT
THIRTY-DAY DEADLINE

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Plaintiff Vernon McNeal (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 15, 2014, the Court

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dismissed Plaintiff’s complaint with leave to amend within thirty days. (ECF No. 10.) On

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October 29, 2014, the Court granted Plaintiff’s request for a thirty-day extension of time to file

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an amended complaint. (ECF No. 12.) Plaintiff’s first amended complaint was due on

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December 1, 2014.

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On December 1, 2014, in lieu of an amended complaint, Plaintiff filed a response to the

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Court’s screening order. (ECF No. 13.) Plaintiff’s response shall be disregarded. As stated in

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the order of October 15, 2014, Plaintiff’s complaint has been dismissed with leave to amend.

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Based on the dismissal, there is no operative complaint on file in this matter. Therefore, if

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Plaintiff wishes to pursue this action, he must file an amended complaint in compliance with the

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Court’s order.

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Based on the foregoing, it is HEREBY ORDERED that:

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1. Plaintiff’s response to the screening order, filed on December 1, 2014, is

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DISREGARDED;
2. Within thirty (30) days form the date of service of this order, Plaintiff shall file a first

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amended complaint; and
3. If Plaintiff fails to file a first amended complaint in compliance with this Court’s

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orders, this action will be dismissed for failure to obey court orders.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 2, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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