Applegate v. Robicheaux et al

Filing 14

ORDER Requiring Plaintiff to File a Report or Second Amended Complaint signed by Magistrate Judge Erica P. Grosjean on 10/06/2016. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN APPLEGATE,
Plaintiff,

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v.
MARLENE ROBICHEAUX, et al.,

1:15-cv-01016-LJO-EPG (PC)
ORDER REQURING PLAINTIFF TO FILE
A REPORT OR SECOND AMENDED
COMPLAINT
THIRTY-DAY DEADLINE

Defendants.

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Brian Applegate (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. ' 1983. Plaintiff’s initial complaint was
screened, and was dismissed with leave to amend. (ECF No. 8). Plaintiff filed an amended
complaint on September 28, 2015. (ECF No. 9). The amended complaint has not yet been
screened.
The Court notes that on August 15, 2016, Plaintiff voluntarily dismissed a similar case,
seemingly because at least one of the issues Plaintiff complained of was resolved. Voluntary
Dismissal, Applegate v. N. Clark, et al., No. 1:15-cv-00207-LJO-EPG (E.D. Cal. Aug. 15,
2016), ECF No. 21. Accordingly, IT IS ORDERED that:
1.

Plaintiff is to file a written report with this Court within thirty days from the
date of the service this order. The report should state whether any of the

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issues in this case have been resolved and whether Plaintiff intends to proceed

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on Plaintiff’s First Amended complaint.

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2.

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In the alternative, Plaintiff may file a Second Amended Complaint to reflect
any changes in the scope of the claims or relief sought.

3.

Failure to comply with this order may result in this case being dismissed.

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IT IS SO ORDERED.
Dated:

October 6, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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