Archie Cranford v. Prown #3333

Filing 13

ORDER DENYING 12 Plaintiff's Motion of Full Compliance and ORDER DIRECTING Plaintiff to File a First Amended Complaint Within Thirty (30) Days signed by Magistrate Judge Jennifer L. Thurston on 10/30/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:14-cv-00910-JLT (PC)
ARCHIE CRANFORD,
ORDER DENYING PLAINTIFF'S
MOTION OF FULL COMPLIANCE

Plaintiff,

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(Doc. 12)

v.
PROWN,
Defendant.

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Plaintiff, Archie Cranford, is a civil detainee proceeding pro se and in forma pauperis in
this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 13, 2014. (Doc.
1.) The Court screened the Complaint pursuant to 28 U.S.C. ' 1915A and ordered it served for
Plaintiff to proceed on his claim against Defendant Brown (erroneously sued herein as Jessica
Prown) for excessive force and deliberate indifference to Plaintiff's serious medical needs in
violation of the Eighth Amendment. (Doc. 8.) Defendant filed a motion for more definite
statement which was granted and Plaintiff was provided with the applicable legal standards and
directed to file a first amended complaint. (Docs. 10, 11.) Subsequently, on October 20, 2014,
Plaintiff filed a document entitled "Notice of Motion of full Compliance to order of October 7,
2014."1 (Doc. 12.)

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30-DAY DEADLINE FOR PLAINTIFF TO
FILE HIS FIRST AMENDED COMPLAINT

It is extremely difficult to decipher Plaintiff's motion and it nears impossible to ascertain
what relief he seeks. The motion is thirty-one, single spaced, typed lines sans punctuation and

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While the time for filing an opposition has not yet lapsed, Defendant will not be prejudiced by ruling on this motion
at this time and may in fact appreciate not having to attempt to form an opposition thereto.

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capitalization. Further, there is no order that issued on October 7, 2014 in this case such to
extrapolate Plaintiff's intent.
It is possible, though not definite, that Plaintiff intended this motion to satisfy the order
that dismissed the Complaint and directed him to file a first amended complaint. If this is
Plaintiff's intent, he is incorrect. His mere statement that he has complied is not the same thing as
actual compliance. F he wishes to proceed in this matter, Plaintiff must file a first amended
complaint. To this end, he is provided another copy of the screening order to assist in his efforts
and thirty days for actual compliance.
Accordingly, it is HEREBY ORDERED that:
(1)

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filed on October 20, 2014 (Doc. 12), is DENIED;
(2)

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File a First Amended Complaint, which issued on October 15, 2014 (Doc. 11);
(3)

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The Clerk's Office shall send Plaintiff a copy of the Order Granting Defendant's
Motion for More Definite Statement and Dismissing the Complaint with Leave to

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Plaintiff's "Notice of Motion of Full Compliance to Order of October 7, 2014,"

Plaintiff is ordered to file his first amended complaint within 30 days of the date of
this order; and

(4)

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if Plaintiff fails to comply with this order, this action will be dismissed for
failure to obey a court order and failure to prosecute.

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IT IS SO ORDERED.
Dated:

October 30, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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