Hamilton v. Wasco State Prison, et al.

Filing 45

ORDER Directing Defendant Clendehen to File a Response to Plaintiff's Third Amended Complaint Filed May 4, 2016, Within Thirty (30) Days, signed by Magistrate Judge Stanley A. Boone on 5/16/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT J. HAMILTON,

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Plaintiff,

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v.

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CLENDEHEN,

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Defendant.

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Case No.: 1:15-cv-00661-AWI-SAB (PC)
ORDER DIRECTING DEFENDANT CLENDEHEN
TO FILE A RESPONSE TO PLAINTIFF’S THIRD
AMENDED COMPLAINT, FILED MAY 4, 2016
[ECF Nos. 43, 44]

Plaintiff Albert J. Hamilton is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of

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the United States Magistrate Judge on May 28, 2015. Local Rule 302.
On April 8, 2016, the Court granted Defendant’s motion to dismiss Plaintiff’s prayer for relief

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and granted Plaintiff leave to file a second amended complaint. (ECF No. 40.) Plaintiff filed a second

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amended complaint on April 18, 2016. (ECF No. 41.) However, despite the Court’s advisement,

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Plaintiff’s second amended complaint was not complete within itself and referenced the first amended

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complaint previously filed with the Court. Accordingly, on April 20, 2016, the Court directed Plaintiff

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to file a third amended complaint. (ECF No. 43.) Plaintiff filed the third amended complaint on May

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4, 2016, and Defendant requested the Court screen the third amended complaint on May 13, 2016.

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The Court has screened Plaintiff’s third amended complaint pursuant to 28 U.S.C. § 1915A

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and finds that Plaintiff states a cognizable claim for damages based on Defendant Clendenen’s failure

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to protect him in violation of the Eighth Amendment. Accordingly, within thirty (30) days from the

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date of service of this order, Defendant Clendenen shall file a response to Plaintiff’s third amended

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complaint, filed on May 4, 2016.

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IT IS SO ORDERED.

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Dated:

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May 16, 2016
UNITED STATES MAGISTRATE JUDGE

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