Furnace v. Gipson et al

Filing 18

ORDER Granting Motion for Clarification 17 , signed by Magistrate Judge Michael J. Seng on 2/6/15. 14-Day Deadline. (Verduzco, M)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 EDWARD T. FURNACE, 11 12 Plaintiff, CASE NO. 1:14-cv-00814-LJO-MJS (PC) ORDER GRANTING MOTION FOR CLARIFICATION v. (ECF No. 17) 13 CONNIE GIPSON, et al., 14 15 FOURTEEN (14) DAY DEADLINE Defendants. 16 17 Plaintiff, Edward Terran Furnace, a.k.a. Asar Tauf Shakanasa, is a state prisoner 18 proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 19 20 U.S.C. § 1983. (ECF No. 1). The Court dismissed Plaintiff’s original complaint with leave to amend on January 21 22 21, 2015. (ECF 15). Before receiving the screening order, however, Plaintiff submitted 23 an amended complaint. On February 5, 2015, Plaintiff filed a motion for clarification. 24 (ECF No. 17), asking the Court to verify that it received his amended complaint and to 25 clarify whether it “still want[s] him to further amend” his complaint. 26 27 28 The Court verifies that Plaintiff’s amended complaint was filed on January 26, 2015. (ECF No. 16). However, the Court leaves to Plaintiff to decide whether he wishes 1 to proceed with screening of the January 26 amended complaint or instead to withdraw it 2 and file a new amended complaint, taking into consideration the Court’s January 21 3 screening order. Plaintiff is advised that if he decides to proceed with screening of the 4 already-filed January 26 amended complaint, and the allegations are found to be 5 6 7 deficient for reasons stated in the Court's prior screening order, the January 26 amended complaint may be dismissed without further leave to amend. 8 The Court gives Plaintiff fourteen (14) days to notify the court of his decision. 9 For the foregoing reasons and in the foregoing way, Plaintiff’s Motion for 10 Clarification is GRANTED. 11 12 13 14 IT IS SO ORDERED. Dated: February 6, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?