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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD B. HALL,

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Plaintiff,

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v.
SCOTT FRAUENHEIM, et al.,

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Defendants.

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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

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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

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Rule of Civil Procedure 8(a)(2).
Currently before the Court is Plaintiff filed a motion requesting the Court “to strike the

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declaration and limit the complaint to 25 pages as already lodged-no copies exist[,]” filed March 20,

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2017.

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Plaintiff submits that he is in a crisis bed hospital setting, without his legal property, and

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cannot respond to the Court’s March 6, 2017, order. Plaintiff requests that the Court strike all of the

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exhibits attached to his first amended complaint and consider only the first 25 pages of the amended

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complaint previously filed with the Court on January 9, 2017. Plaintiff’s request must be denied.

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As Plaintiff was advised in the Court’s March 6, 2017, order, “[w]hile Plaintiff’s amended

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complaint does not appear lengthy in terms of the number of pages (25 pages excluding exhibits), the

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handwritten content of the amended complaint is rambling and disjointed[,]” and the Court could not

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determine the exact nature of Plaintiff’s claims. (ECF No. 35, Order at 2:27-3:1.) Plaintiff was

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advised to file a second amended complaint setting forth “a short and plain statement of the claim

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showing that [Plaintiff] is entitled to relief.” In light of the Court’s March 6, 2017, order, simply

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excluding the exhibits from review of the first amended complaint will not and does not cure the

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defects identified by the Court. However, based on Plaintiff’s allegations in his present motion, the

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Court will direct the Clerk of Court to provide Plaintiff a one-time courtesy copy of his first amended

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complaint and extend the time to file a second amended complaint in accordance with the Court’s

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March 6, 2017, order. Accordingly, it is HEREBY ORDERED that:
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filed January 9, 2017 (ECF No. 33);
3.

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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.

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The Clerk of Court shall send Plaintiff a courtesy copy of his first amended complaint,

form;

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The Clerk of Court is directed to send Plaintiff a blank amended civil rights complaint

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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.

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IT IS SO ORDERED.

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Dated:

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March 21, 2017
UNITED STATES MAGISTRATE JUDGE

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