Moore v. City of Shafter Corrections et al

Filing 13

ORDER Extending Time for Plaintiff to Either File Amended Complaint or Statement of Willinagness to Proceed only on Eighth Amendment Claim Against Officer Ardon 1 , 11 , 12 , signed by Magistrate Judge Sheila K. Oberto on 04/04/2017. (Case Management Deadline: 6/1/2017) (Attachments: # 1 Amended Complaint Form, # 2 Screening Order, dated 01/27/17)(Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 Case No. 1:16-cv-00145-DAD-SKO (PC) 10 CHRISTY V. MOORE, 11 Plaintiff, 12 v. 13 BEARD, et al., (Doc. 1, 11, 12) 14 Defendants. 15 ORDER EXTENDING TIME FOR PLAINTIFF TO EITHER FILE AMENDED COMPLAINT OR STATEMENT OF WILLINGNESS TO PROCEED ONLY ON EIGHTH AMENDMENT CLAIM AGAINST OFFICER ARDON DEADLINE: June 1, 2017 16 17 Plaintiff, Christy V. Moore, is a prisoner in the custody of the California Department of 18 Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in forma pauperis in 19 this civil rights action pursuant to 42 U.S.C. § 1983. On January 27, 2017, an order issued for 20 Plaintiff to either file an amended complaint, or a statement indicating her willingness to proceed 21 only on her claim under the Eighth Amendment against Officer Ardon. (Doc. 11.) Plaintiff was 22 to file her response within twenty-one days. (Id.) 23 However, on March 15, 2017, Plaintiff filed a response indicating that prison personnel 24 did not deliver the order to her until March 7, 2017. (Doc. 12.) Though Plaintiff felt she could 25 correct her claims against the City of Shafter and the CDCR, she felt she had no choice but to 26 only proceed on her Eighth Amendment claim against Officer Ardon since the deadline for her to 27 respond to the January 27, 2017 order had lapsed. (Id.) Rather than accept this as Plaintiff’s 28 1 1 agreement to dismissal of her claims against the City of Shafter and CDCR, Plaintiff’s notice is 2 construed as a request for an extension of time to file an amended complaint. 3 Accordingly, it is HEREBY ORDERED that: 4 1. The Clerk's Office shall send Plaintiff another copy of the screening order that issued on January 27, 2017 (Doc. 11) and a civil rights complaint form; 5 2. 6 On or before June 1, 2017, Plaintiff must either: a. 7 file a first amended complaint curing the deficiencies identified in the January 27, 2017 order, or 8 b. 9 a statement that she does not wish to file a first amended complaint and 10 wishes to proceed only on her claim under the Eighth Amendment against 11 Officer Ardon; and 3. 12 If Plaintiff fails to comply with this order, it will be recommended that this action 13 proceed only on her claim under the Eighth Amendment against Officer Ardon as 14 found cognizable in the January 27, 2017 order and that all other claims and 15 Defendants be dismissed with prejudice. 16 IT IS SO ORDERED. 17 18 19 Dated: April 4, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2 .

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