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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES JAMIL GARRETT, 12 13 14 15 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. 16 17 18 19 20 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 21 rights action brought pursuant to 42 U.S.C. § 1983. He has consented to Magistrate 22 Judge jurisdiction. (ECF No. 5.) No other parties have appeared in the action. 23 On October 12, 2016, Plaintiff’s First Amended Complaint was screened and 24 found to state a First Amendment retaliation claim and an Eighth Amendment medical 25 indifference claim against Defendant Dr. Ngozi Igninosa. (ECF No. 15.) Plaintiff’s 26 remaining claims were found insufficient to proceed to service. Plaintiff was thus directed 27 28 1 to file either a Second Amended Complaint or a notice of his willingness to proceed on 2 the First Amended Complaint as screened. 3 4 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. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff shall file a Second Amended Complaint within thirty days from the 7 8 date of this Order. 2. If Plaintiff fails to comply with this order, the undersigned will dismiss this 9 action for failure to obey a court order and failure to prosecute. 10 11 12 IT IS SO ORDERED. Dated: December 23, 2016 /s/ 13 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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