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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM FABRICIUS, 12 Case No. 1:15-cv-01779-EPG Plaintiff, 13 ORDER SUSPENDING RESPONSIVE PLEADING DEADLINE vs. (ECF No. 71) 14 TULARE COUNTY, et al., 15 Defendant. 16 17 Plaintiffs Wendy Jones, William Fabricius and Brian Jones filed their original complaint 18 in this case on November 24, 2015. (ECF No. 1) Although Plaintiffs are represented by an 19 attorney, Christine Louise Garcia, they moved to proceed in forma pauperis, which was granted. 20 (ECF No. 8). Plaintiff Brian Jones voluntarily dismissed the case on May 16, 2016, (ECF No. 18). 21 Plaintiff Wendy Jones was dismissed on December 1, 2016. (ECF No. 58.) A motion to dismiss 22 was granted as to Fabricius. (Id.) Leave to file a Second Amended Complaint was granted as to 23 Fabricius only, with a final deadline set to file his amended complaint by May 1, 2017. (ECF No. 24 67.) 25 On February 27, 2017 and March 2, 2017, Plaintiffs’ counsel Christine Louise Garcia 26 filed a Motion to Withdraw as Counsel of Record for Plaintiff. (ECF Nos. 65, 68.) The Motion 27 was granted on March 8, 2017. (ECF No. 70.) 28 1 1 2 3 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 4 otherwise, any required response to an amended pleading must be made within the time 5 remaining to respond to the original pleading or within 14 days after service of the amended 6 pleading, whichever is later.” See Fed. R. Civ. P. 15(a)(3). 7 The Court will conduct an initial review of the Complaint pursuant to 28 U.S.C. § 8 1915(e)(2) to determine whether it “state[s] a claim on which relief may be granted,” is “frivolous 9 or malicious,” or “seek[s] monetary relief against a defendant who is immune from such relief.” If 10 11 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 12 responsive pleading to Fabricius’ Second Amended Complaint pursuant to Rule 15(a)(3) of the 13 Federal Rules of Civil Procedure. 14 15 16 IT IS SO ORDERED. Dated: May 1, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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