Crew v. Commissioner of Department of Corrections and Rehabilitation

Filing 34

ORDER REQUIRING Defendant to File Response to Plaintiff's 30 Motion to File an Emergency Amended Complaint; Twenty-One (21) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 6/13/2017. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DAVID CREW,

12

Plaintiff,

13
14
15

Case No. 1:16-cv-00590-LJO-BAM (PC)

v.
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al.,

ORDER REQUIRING DEFENDANT TO FILE
RESPONSE TO PLAINTIFF’S MOTION TO
FILE AN EMERGENCY AMENDED
COMPLAINT
(ECF No. 30)

Defendants.

16

TWENTY-ONE (21) DAY DEADLINE

17
Plaintiff David Crew (“Plaintiff”) is a state prisoner proceeding pro se and in forma

18
19

pauperis in this action under 42 U.S.C. § 1983. This action proceeds on Plaintiff’s second

20

amended complaint against Defendant Patel for deliberate indifference in violation of the Eight

21

Amendment arising from his intentional refusal or delay of Plaintiff’s medical care. (ECF No.

22

24.) Defendant Patel filed his answer on June 12, 2017. (ECF No. 31.)
Currently before the Court is Plaintiff’s June 9, 2017 motion to file an emergency

23
24

amended complaint. (ECF No. 30.)

25

///

26

///

27

///

28

///
1

Given that Defendant filed his answer after the filing of Plaintiff’s motion, and pursuant to

1
2

Local Rule 230(l), Defendant Patel is HEREBY ORDERED to file an opposition or a statement

3

of non-opposition to Plaintiff’s motion within twenty-one (21) days of the date of service of this

4

order.

5
6
7

IT IS SO ORDERED.
Dated:

/s/ Barbara

June 13, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2