Holguin v. Wicks

Filing 35

ORDER DIRECTING Defendant Wicks to File Response to Second Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 8/7/17. Response Due Within Twenty-One 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 PABLO HOLGUIN, 12 Plaintiff, 13 14 v. R. WICKS, 15 Case No. 1:16-cv-00346-DAD-BAM (PC) ORDER DIRECTING DEFENDANT WICKS TO FILE RESPONSE TO SECOND AMENDED COMPLAINT TWENTY-ONE (21) DAY DEADLINE Defendant. 16 Plaintiff Pablo Holguin (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 16, 2017, the Court issued an order finding that Plaintiff’s second amended 19 20 complaint stated a cognizable claim against Defendant R. Wicks for violation of Due Process for 21 denial of Plaintiff’s right to call an identified witness in his defense. The assigned Magistrate 22 judge further issued Findings and Recommendations recommending dismissal of Plaintiff’s other 23 claims against Defendant Wicks, with objections due within fourteen days of service of the order. 24 (EFCF No. 29.) Plaintiff did not file objections, and the Findings and Recommendations were 25 adopted by the assigned District Judge on August 4, 2017. (ECF No. 34.) 26 /// 27 /// 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that Defendant R. Wicks shall file and serve a 2 response to Plaintiff’s second amended complaint on or before twenty-one (21) days from the 3 date of service of this order. 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara August 7, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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