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