Ricks v. Kamena et al

Filing 31

ORDER Regarding Operative Complaint signed by Magistrate Judge Barbara A. McAuliffe on 09/11/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT K. RICKS,

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Plaintiff,

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ORDER REGARDING OPERATIVE
COMPLAINT

v.

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Case No. 1:15-cv-00715-BAM (PC)

KAMENA, et al.,

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Defendants.

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Plaintiff Scott K. Ricks (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On July 28, 2017, the Court ordered Plaintiff to file a first amended complaint, limited to

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the revision of his damages claim, or notify the Court of his willingness to proceed on the

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damages pled in the original complaint. (ECF No. 30.) Plaintiff was expressly warned that

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failure to comply with the Court’s order would result in the Court proceeding on the damages

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pled in the complaint filed on May 8, 2015. (Id. at 3.) Plaintiff failed to file an amended

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complaint or otherwise communicate with the Court.

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Pursuant to the Court’s order of July 28, 2017, IT IS HEREBY ORDERED that this

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action shall proceed only on the claims found cognizable and damages pled in the complaint filed

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on May 8, 2015.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 11, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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