Hutson v. Baeza
Filing
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ORDER VACATING 17 FINDINGS AND RECOMMENDATIONS and Directing Plaintiff to File an Amended Complaint Within Thirty (30) Days signed by Magistrate Judge Stanley A. Boone on 7/6/2016. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LORENZO DARNELL HUTSON,
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Plaintiff,
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v.
MICHAEL BAEZ, et al.,
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Defendants.
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Case No.: 1:16-cv-00012-DAD-SAB (PC)
ORDER VACATING FINDINGS AND
RECOMMENDATIONS AND DIRECTING
PLAINTIFF TO FILE AN AMENDED
COMPLAINT WITHIN THIRTY DAYS
[ECF Nos. 17 & 20]
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Plaintiff Lorenzo Darnell Hutson is appearing pro se and in forma pauperis in this civil rights
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action pursuant to 42 U.S.C. § 1983. Plaintiff declined United States magistrate judge jurisdiction on
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January 15, 2016. (ECF No. 9.)
On March 17, 2016, the Court dismissed Plaintiff’s complaint for failure to state a claim under
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section 1983 and ordered Plaintiff to file an amended complaint within thirty days. 28 U.S.C. §
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1915A; 28 U.S.C. § 1915(e). Plaintiff was granted an additional thirty days to comply on April 12,
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2016.
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After more than thirty days passed and Plaintiff failed to comply with or otherwise responded
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to the Court’s order, the undersigned issued Findings and Recommendations recommending dismissal
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of the action. (ECF No. 17.) On June 29, 2016, Plaintiff filed objections to the Findings and
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Recommendations. In his objections, Plaintiff states that on February 10, 2016, he was sent to the
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California Medical Facility in Vacaville for psychiatric evaluation. When Plaintiff returned to
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Corcoran State Prison on March 3, 2016, he had to undergo the orientation process and, on March 10,
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2016, he was transferred to Atascadero State Hospital. On May 27, 2016, Plaintiff was transferred
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back to Corcoran and had to again undergo the orientation process. Plaintiff contends that from
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February 10, 2016, to June 4, 2016, Plaintiff had no access to his personal or legal property in order to
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submit an amended complaint in this action.
In light of the filing and substance of Plaintiff’s objections, the Court will vacate the Findings
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and Recommendation and granted Plaintiff thirty (30) days to file an amended complaint in
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compliance with the Court’s March 17, 2016, order.
Based on the foregoing, it is HEREBY ORDERED that:
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The Findings and Recommendations issued May 26, 2016, is VACATED;
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Plaintiff is granted thirty (30) days from the date of service of this order to file an
amended complaint; and
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3.
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Failure to comply with this order will result in a recommendation that the action be
dismissed for failure to comply with a court order.
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IT IS SO ORDERED.
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Dated:
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July 6, 2016
UNITED STATES MAGISTRATE JUDGE
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