Leiva v. Jackson
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ORDER DIRECTING PLAINTIFF TO FILE
(ECF NO. 12)
TWENTY-ONE DAY DEADLINE
Andre Leiva (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with
this civil rights action filed pursuant to 42 U.S.C. § 1983. On March 31, 2017, the Court screened
Plaintiff’s complaint and found that it failed to state a claim upon which relief could be granted.
(ECF No. 10). The Court gave Plaintiff thirty days from the date of service of the screening order
to file an amended complaint or to notify the Court that he wanted to stand on his complaint,
subject to the Court issuing findings and recommendations consistent with the screening order to
the assigned district judge. (Id.). The Court also warned Plaintiff that failure to file an amended
complaint or to notify the court that he wanted to stand on his complaint could result in the
dismissal of this case. (Id. at p. 6).
The time period expired, and Plaintiff did not file an amended complaint or notify the
Court that he wanted to stand on his complaint. Accordingly, the Court issued findings and
recommendations, recommending that Plaintiff’s case be dismissed, with prejudice, for failure to
state a claim, failure to comply with a court order, and failure to prosecute. (ECF No. 11).
On June 5, 2017, Plaintiff filed objections to the findings and recommendations. (ECF
No. 12). According to Plaintiff, he filed an amended complaint on or around April 25, 2017.
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.
Accordingly, the Court will give Plaintiff twenty-one days from the date of service of this
order to file his amended complaint. If Plaintiff files his amended complaint within this twenty-
one day period, the Court will vacate its findings and recommendations.
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.
IT IS SO ORDERED.
June 12, 2017
UNITED STATES MAGISTRATE JUDGE
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