King v. Calistro
Filing
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ORDER STRIKING Plaintiff's First Amended Complaint and Directing Clerk of Court to File Second Amended Complaint, Lodged on September 21, 2015 10 , 11 , signed by Magistrate Judge Stanley A. Boone on 10/16/15. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALTON KING,
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Plaintiff,
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v.
CALISTRO, et al.,
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Defendants.
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Case No.: 1:15-cv-00698-SAB (PC)
ORDER STRIKING PLAINTIFF’S FIRST
AMENDED COMPLAINT AND DIRECTING
CLERK OF COURT TO FILE SECOND
AMENDED COMPLAINT, LODGED ON
SEPTEMBER 21, 2015
[ECF Nos. 10, 11]
Plaintiff Alton King is appearing pro se and in forma pauperis in this civil rights action
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pursuant to 42 U.S.C. § 1983.
On July 8, 2015, the Court screened Plaintiff’s original complaint and instructed Plaintiff to
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either file an amended complaint or notify the Court of willingness to proceed on the claims found to
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be cognizable. (ECF No. 7.)
On September 16, 2015, Plaintiff filed a first amended complaint, and on September 21, 2015,
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Plaintiff submitted a second amended complaint which was lodged by the Court. (ECF Nos. 10, 11.)
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In light of the fact that Plaintiff submitted a second amended complaint, the Court will strike
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Plaintiff’s first amended complaint from the record and direct the Clerk of Court to file the second
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amended complaint which will be screened in due course. 28 U.S.C. § 1915A.
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///
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Based on the foregoing, it is HEREBY ORDERED that:
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Plaintiff’s first amended complaint, filed September 16, 2015, is stricken from the
record; and
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The Clerk of Court is directed to file Plaintiff’s second amended complaint, lodged
September 21, 2015, which will be screened in due course.
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IT IS SO ORDERED.
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Dated:
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October 16, 2015
UNITED STATES MAGISTRATE JUDGE
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