Furnace v. Cope et al

Filing 26

ORDER Regarding Plaintiff's Notice to Court Regarding Filing of Second Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 08/16/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDWARD FURNACE,

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Plaintiff,

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v.

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B. COPE, et al.,

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Case No. 1:16-cv-00420-LJO-BAM (PC)
ORDER REGARDING PLAINTIFF’S
NOTICE TO COURT REGARDING FILING
OF SECOND AMENDED COMPLAINT
(ECF No. 23)

Defendants.

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Plaintiff Edward Furnace (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 11, 2017, Plaintiff

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filed a document entitled “Exparte communication with the court.” (ECF No. 23.) Plaintiff

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explains that he completed his second amended complaint on August 5, 2017. However, he has

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not been able to copy the complaint because the law librarian has not come to work this week.

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Plaintiff states that as soon as the law librarian returns to work and he is able to copy the

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complaint, he will send it to the Court. The attached proof of service is dated August 8, 2017.

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(Id.)

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Plaintiff’s second amended complaint was filed with the Court on August 14, 2017, with

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an attached proof of service dated August 9, 2017. (ECF No. 24.) Accordingly, to the extent

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Plaintiff requests additional time to file his second amended complaint, the request is denied, as

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moot. Plaintiff’s second amended complaint will be screened in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 16, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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