Bland v. Biter et al

Filing 22

ORDER DIRECTING Clerk's Office to Re-Serve October 6, 2017 Screening Order on Plaintiff; ORDER EXTENDING DEADLINE to File Second Amended Complaint,signed by Magistrate Judge Barbara A. McAuliffe on 11/15/2017. (Second Amended Complaint due 30-Day Deadline) (Attachments: # 1 Document 20, dated 10/06/2017)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICKY L. BLAND,

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Plaintiff,

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v.
M.D. BITER, et al.,

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Case No. 1:16-cv-00933-BAM (PC)
ORDER DIRECTING CLERK’S OFFICE TO
RE-SERVE OCTOBER 6, 2017 SCREENING
ORDER ON PLAINTIFF
ORDER EXTENDING DEADLINE TO FILE
SECOND AMENDED COMPLAINT

Defendants.
THIRTY (30) DAY DEADLINE

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Plaintiff Ricky L. Bland (“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 October 6, 2017, the Court

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issued an order dismissing Plaintiff’s first amended complaint for failure to state a claim upon

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which relief may be granted. (ECF No. 20.) The Court also granted Plaintiff a final opportunity

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to file an amended complaint curing the identified deficiencies. (Id.) Plaintiff’s second amended

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complaint was due on or before November 8, 2017.

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On October 10, 2017, Plaintiff filed a notice of change of address. (ECF No. 21.) That

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document states that Plaintiff was transferred from Ironwood State Prison to Kern Valley State

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Prison on September 27, 2017. (Id.) Pursuant to Plaintiff’s notice of change of address, the Court

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finds it appropriate to extend the time for Plaintiff to file a second amended complaint.

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Accordingly, it is HEREBY ORDERED that:
1. The Clerk of the Court is DIRECTED to re-serve the Court’s October 6, 2017 order

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dismissing the first amended complaint and granting leave to amend (ECF No. 20) on

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Plaintiff at his current address of record;

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2. Plaintiff’s second amended complaint shall be filed within thirty (30) days from the date
of service of this order; and

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3. If Plaintiff fails to file a second amended complaint in compliance with this order,

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this action will be dismissed for failure to obey a court order and failure to state a

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claim.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 15, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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