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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?