Allen v. Ahlin, et al.

Filing 12

ORDER DISCHARGING ORDER TO SHOW CAUSE AND REQUIRING PLAINTIFF TO EITHER FILE THIRD AMENDED COMPLAINT OR NOTICE DECLINING THE OPPORTUNITY RE 8 , 9 , 10 , 11 signed by Magistrate Judge Jennifer L. Thurston on 5/5/2017. Third Amended Complaint due by 6/12/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE N. ALLEN,
Plaintiff,

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v.

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Case No. 1:15-cv-00989-JLT (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND REQUIRING PLAINTIFF TO
EITHER FILE THIRD AMENDED COMPLAINT
OR NOTICE DECLINING THE OPPORTUNITY

AHLIN, et al.,
(Docs. 8-11)
Defendants.

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30 DAY DEADLINE

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After the Court dismissed the Complaint for his failure to state a cognizable claim,

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Plaintiff filed the First Amended Complaint which the Court screened and dismissed with leave to

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file a second amended complaint. (Docs. 1, 6, 7, 8.) When Plaintiff did not file a second

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amended complaint, the Court ordered issued Plaintiff to show cause why this action should not

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be dismissed for his failure to comply with the Court’s order and to prosecute this action. (Doc.

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9.)

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Shortly thereafter, Plaintiff filed the Second Amended Complaint (Doc. 10) and a

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response to the OSC indicating that, for a brief time, he had been transferred to the Los Angeles

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County Jail where he was unable to send a change of address notice as he was denied an envelope

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and stamp (Doc. 11). In his response to the OSC, Plaintiff indicates that he is unaware of the

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deficiencies in the First Amended Complaint, but filed the Second Amended Complaint

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attempting to comply with the OSC. (Id.) It appears that Plaintiff never received the order that

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screened the First Amended Complaint as it was delivered to Coalinga State Hospital and

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returned as undeliverable while Plaintiff was at the Los Angeles County Jail. (Doc. at 04/15/16.)

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Plaintiff’s response to the order to show cause is accepted. Plaintiff is provided another

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copy of the order that dismissed the First Amended Complaint and ONE FINAL opportunity to

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file a third amended complaint, not to exceed 25 pages in length, within 30 days of the service

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of this order. Within that same time, if Plaintiff feels that the Second Amended Complaint cured

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the defects noted in the order that dismissed the First Amended Complaint, he shall file a notice

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indicating that he declines the opportunity to file a third amended complaint. Screening of either

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the Second Amended Complaint, or a third amended complaint will be the final screening of

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Plaintiff’s allegations in this action -- any claims found uncognizable and correlating defendants

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will be dismissed with prejudice. Alternatively, within that same time, if Plaintiff decides not to

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pursue this action, he must file a notice of voluntary dismissal. Based on the foregoing, the Court

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ORDERS:

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1.

The order to show cause that issued on June 29, 2016 (Doc. 9) is DISCHARGED;

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2.

The Clerk's Office shall send Plaintiff:

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a. a copy of the Order Dismissing the First Amended Complaint With Leave to File a

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Second Amended Complaint, that issued on April 6, 2016 (Doc. 8); and

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b. a civil rights complaint form;
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Within 30 days, Plaintiff must file a third amended complaint, a notice that he

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wishes to proceed to screening on his Second Amended Complaint or a notice of voluntary

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dismissal.

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If Plaintiff fails to comply with this order, this action will be dismissed for failure to obey a

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court order and for failure to state a claim.

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IT IS SO ORDERED.
Dated:

May 5, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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