Jones et al v. Tulare County et al

Filing 73

ORDER suspending responsive pleading deadline, document 71 . Order signed by Magistrate Judge Erica P. Grosjean on 5/1/2017. (Rooney, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM FABRICIUS,

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Case No. 1:15-cv-01779-EPG

Plaintiff,

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ORDER SUSPENDING RESPONSIVE
PLEADING DEADLINE

vs.
(ECF No. 71)

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TULARE COUNTY, et al.,
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Defendant.

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Plaintiffs Wendy Jones, William Fabricius and Brian Jones filed their original complaint

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in this case on November 24, 2015. (ECF No. 1) Although Plaintiffs are represented by an

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attorney, Christine Louise Garcia, they moved to proceed in forma pauperis, which was granted.

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(ECF No. 8). Plaintiff Brian Jones voluntarily dismissed the case on May 16, 2016, (ECF No. 18).

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Plaintiff Wendy Jones was dismissed on December 1, 2016. (ECF No. 58.) A motion to dismiss

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was granted as to Fabricius. (Id.) Leave to file a Second Amended Complaint was granted as to

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Fabricius only, with a final deadline set to file his amended complaint by May 1, 2017. (ECF No.

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67.)

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On February 27, 2017 and March 2, 2017, Plaintiffs’ counsel Christine Louise Garcia

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filed a Motion to Withdraw as Counsel of Record for Plaintiff. (ECF Nos. 65, 68.) The Motion

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was granted on March 8, 2017. (ECF No. 70.)

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On May 1, 2017, pro se and in forma pauperis Plaintiff William Fabricius filed a Second
Amended Complaint. (ECF No. 71.)
Under Rule 15(a)(3) of the Federal Rules of Civil Procedure, “[u]nless the court orders

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otherwise, any required response to an amended pleading must be made within the time

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remaining to respond to the original pleading or within 14 days after service of the amended

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pleading, whichever is later.” See Fed. R. Civ. P. 15(a)(3).

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The Court will conduct an initial review of the Complaint pursuant to 28 U.S.C. §

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1915(e)(2) to determine whether it “state[s] a claim on which relief may be granted,” is “frivolous

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or malicious,” or “seek[s] monetary relief against a defendant who is immune from such relief.” If

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the Court determines that the Complaint fails to state a claim, it must be dismissed. Id.
Therefore, the Court hereby suspends, until further notice, Defendants’ obligation to file a

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responsive pleading to Fabricius’ Second Amended Complaint pursuant to Rule 15(a)(3) of the

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Federal Rules of Civil Procedure.

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IT IS SO ORDERED.
Dated:

May 1, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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