Hall v. Frauenheim et al

Filing 37

ORDER Directing Clerk of Court to Send Plaintiff a Courtesy Copy of First Amended Complaint and Directing Plaintiff to File a Second Amended Complaint within Thirty Days signed by Magistrate Judge Stanley A. Boone on 03/21/2017. (Attachments: # 1 Amended Complaint Form)(Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD B. HALL, 12 Plaintiff, 13 14 v. SCOTT FRAUENHEIM, et al., 15 Defendants. 16 ORDER DIRECTING CLERK OF COURT TO SEND PLAINTIFF A COURTESY COPY OF FIRST AMENDED COMPLAINT AND DIRECTING PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT WITHIN THIRTY DAYS [ECF No. 36] pursuant to 42 U.S.C. § 1983. On March 6, 2017, the Court dismissed Plaintiff’s first amended complaint pursuant to Federal 19 20 Case No.: 1:16-cv-00263-AWI-SAB (PC) Plaintiff Richard B. Hall is appearing pro se and in forma pauperis in this civil rights action 17 18 ) ) ) ) ) ) ) ) ) ) Rule of Civil Procedure 8(a)(2). Currently before the Court is Plaintiff filed a motion requesting the Court “to strike the 21 22 declaration and limit the complaint to 25 pages as already lodged-no copies exist[,]” filed March 20, 23 2017. 24 Plaintiff submits that he is in a crisis bed hospital setting, without his legal property, and 25 cannot respond to the Court’s March 6, 2017, order. Plaintiff requests that the Court strike all of the 26 exhibits attached to his first amended complaint and consider only the first 25 pages of the amended 27 complaint previously filed with the Court on January 9, 2017. Plaintiff’s request must be denied. 28 1 As Plaintiff was advised in the Court’s March 6, 2017, order, “[w]hile Plaintiff’s amended 1 2 complaint does not appear lengthy in terms of the number of pages (25 pages excluding exhibits), the 3 handwritten content of the amended complaint is rambling and disjointed[,]” and the Court could not 4 determine the exact nature of Plaintiff’s claims. (ECF No. 35, Order at 2:27-3:1.) Plaintiff was 5 advised to file a second amended complaint setting forth “a short and plain statement of the claim 6 showing that [Plaintiff] is entitled to relief.” In light of the Court’s March 6, 2017, order, simply 7 excluding the exhibits from review of the first amended complaint will not and does not cure the 8 defects identified by the Court. However, based on Plaintiff’s allegations in his present motion, the 9 Court will direct the Clerk of Court to provide Plaintiff a one-time courtesy copy of his first amended 10 complaint and extend the time to file a second amended complaint in accordance with the Court’s 11 March 6, 2017, order. Accordingly, it is HEREBY ORDERED that: 1. 13 filed January 9, 2017 (ECF No. 33); 3. 16 17 Within thirty (30) days from the date of service of this order, Plaintiff shall file an amended complaint in accordance with the Court’s March 6, 2017, order; and 4. 18 19 The Clerk of Court shall send Plaintiff a courtesy copy of his first amended complaint, form; 14 15 The Clerk of Court is directed to send Plaintiff a blank amended civil rights complaint 2. 12 The failure to comply with this order will result in this action being dismissed for failure to comply with a court order and failure to comply with the Federal Rules of Civil Procedure. 20 21 IT IS SO ORDERED. 22 Dated: 23 March 21, 2017 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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