Leiva v. Jackson

Filing 14

ORDER DIRECTING Plaintiff to File Amended Complaint, signed by Magistrate Judge Erica P. Grosjean on 6/12/17. Amended Complaint Due Within Twenty One Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-00167-AWI-EPG (PC)

ANDRE LEIVA,
Plaintiff,

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v.

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W. JACKSON,

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ORDER DIRECTING PLAINTIFF TO FILE
AMENDED COMPLAINT
(ECF NO. 12)
TWENTY-ONE DAY DEADLINE

Defendant.

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Andre Leiva (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with

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this civil rights action filed pursuant to 42 U.S.C. § 1983. On March 31, 2017, the Court screened

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Plaintiff’s complaint and found that it failed to state a claim upon which relief could be granted.

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(ECF No. 10). The Court gave Plaintiff thirty days from the date of service of the screening order

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to file an amended complaint or to notify the Court that he wanted to stand on his complaint,

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subject to the Court issuing findings and recommendations consistent with the screening order to

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the assigned district judge. (Id.). The Court also warned Plaintiff that failure to file an amended

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complaint or to notify the court that he wanted to stand on his complaint could result in the

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dismissal of this case. (Id. at p. 6).

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The time period expired, and Plaintiff did not file an amended complaint or notify the
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Court that he wanted to stand on his complaint. Accordingly, the Court issued findings and

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recommendations, recommending that Plaintiff’s case be dismissed, with prejudice, for failure to

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state a claim, failure to comply with a court order, and failure to prosecute. (ECF No. 11).

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On June 5, 2017, Plaintiff filed objections to the findings and recommendations. (ECF

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No. 12). According to Plaintiff, he filed an amended complaint on or around April 25, 2017.

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(Id.).

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The Court did not receive Plaintiff’s amended complaint. Additionally, Plaintiff did not
file a copy of the amended complaint with his objections to the findings and recommendations.

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Accordingly, the Court will give Plaintiff twenty-one days from the date of service of this

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order to file his amended complaint. If Plaintiff files his amended complaint within this twenty-

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one day period, the Court will vacate its findings and recommendations.

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Accordingly, based on the foregoing, IT IS ORDERED that Plaintiff has twenty-one days
from the date of service of this order to file his amended complaint.

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IT IS SO ORDERED.
Dated:

June 12, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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