Garrett v. Igbinosa

Filing 17

ORDER DIRECTING Plaintiff to File a Second Amended Complaint, signed by Magistrate Judge Michael J. Seng on 12/23/16. Amended Complaint Due Within Thirty Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES JAMIL GARRETT,

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Plaintiff,

CASE No. 1:16-cv-00259-MJS (PC)
ORDER DIRECTING PLAINTIFF TO FILE
A SECOND AMENDED COMPLAINT

v.
THIRTY-DAY DEADLINE
DR. NGOZI IGBINOSA,
Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. He has consented to Magistrate

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Judge jurisdiction. (ECF No. 5.) No other parties have appeared in the action.

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On October 12, 2016, Plaintiff’s First Amended Complaint was screened and

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found to state a First Amendment retaliation claim and an Eighth Amendment medical

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indifference claim against Defendant Dr. Ngozi Igninosa. (ECF No. 15.) Plaintiff’s

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remaining claims were found insufficient to proceed to service. Plaintiff was thus directed

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to file either a Second Amended Complaint or a notice of his willingness to proceed on

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the First Amended Complaint as screened.

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Plaintiff has now filed a notice of his intent to file an amended pleading, claiming
that he can correct the defects identified in the October 12, 2016, Screening Order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall file a Second Amended Complaint within thirty days from the

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date of this Order.
2. If Plaintiff fails to comply with this order, the undersigned will dismiss this

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action for failure to obey a court order and failure to prosecute.

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IT IS SO ORDERED.
Dated:

December 23, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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