Fisher v. Director of OPS of CDCR

Filing 93

ORDER DIRECTING Plaintiff to FILE a Single AMENDED COMPLAINT; Thirty-Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 6/8/2015. (Attachments: # 1 Amended Complaint Form)(Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GARY FRANCIS FISHER, 12 13 14 Plaintiff, v. DIRECTOR OF OPS OF CDCR, 15 Defendant. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-00901-BAM PC ORDER DIRECTING PLAINTIFF TO FILE A SINGLE AMENDED COMPLAINT THIRTY-DAY DEADLINE Plaintiff Gary Francis Fisher (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on June 19 20, 2013, in the Northern District of California. On June 10, 2014, Plaintiff filed an amended 20 complaint and the matter was transferred to this Court. (ECF Nos. 18, 19.) 21 22 23 On March 4, 2015, the Court dismissed Plaintiff’s amended complaint with leave to amend. (ECF No. 41.) On April 8, 2015, in lieu of a comprehensive amended complaint, Plaintiff filed four separate 24 amended complaints. (ECF Nos. 77, 78, 79, 80.) On the same date, Plaintiff also filed a myriad of 25 other documents, including motions to be heard, motions for production of documents, and motions 26 for copies. (ECF Nos. 48-58, 61-67.) 27 28 1 1 The Court declines to spend its already taxed resources sorting through the morass of 2 documents filed by Plaintiff to determine which second amended complaint (or parts thereof) he 3 wishes to pursue. Accordingly, IT IS HEREBY ORDERED that: 4 1. Within thirty (30) days following service of this order, Plaintiff shall file a single amended 5 complaint that complies with the pleading requirements of Federal Rules of Civil 6 Procedure 8 and 18 and addresses the deficiencies identified in the Court’s screening order 7 issued on March 4, 2015; 8 2. Plaintiff’s amended complaint may not exceed twenty-five (25) pages; and 9 3. If Plaintiff fails to comply with this order, this action shall be dismissed for failure to obey a court order. 10 11 12 13 14 IT IS SO ORDERED. Dated: /s/ Barbara June 8, 2015 A. McAuliffe _ 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?