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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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 SCOTT K. RICKS, 8 Plaintiff, 9 ORDER REGARDING OPERATIVE COMPLAINT v. 10 Case No. 1:15-cv-00715-BAM (PC) KAMENA, et al., 11 Defendants. 12 13 14 15 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 16 the revision of his damages claim, or notify the Court of his willingness to proceed on the 17 damages pled in the original complaint. (ECF No. 30.) Plaintiff was expressly warned that 18 failure to comply with the Court’s order would result in the Court proceeding on the damages 19 pled in the complaint filed on May 8, 2015. (Id. at 3.) Plaintiff failed to file an amended 20 complaint or otherwise communicate with the Court. 21 Pursuant to the Court’s order of July 28, 2017, IT IS HEREBY ORDERED that this 22 action shall proceed only on the claims found cognizable and damages pled in the complaint filed 23 on May 8, 2015. 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara September 11, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 1

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