Holland v. Schuyler et al

Filing 19

ORDER for Plaintiff to File Amended Complaint Within Thirty (30) Days signed by Magistrate Judge Gary S. Austin on 10/18/2017. (Attachments: # 1 Amended Complaint Form). (Jessen, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EVERETT HOLLAND, 12 Plaintiff, 13 14 vs. C. SCHUYLER, et al., 15 Defendants. 1:16-cv-01271-DAD-GSA-PC ORDER FOR PLAINTIFF TO FILE AMENDED COMPLAINT WITHIN THIRTY DAYS ORDER FOR CLERK TO SEND PLAINTIFF A CIVIL COMPLAINT FORM 16 17 18 I. BACKGROUND 19 Everett Holland (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 20 action pursuant to 42 U.S.C. § 1983. This case was initiated by a Complaint filed in Kern 21 County Superior Court on September 29, 2015, case BCV-15-010047-DRL. On August 26, 22 2016, the case was removed to federal court pursuant to 28 U.S.C. § 1441(a) by defendants 23 Sergeant R. Esmond, Associate Warden T. Haak, Correctional Officer (C/O) Hunley, C/O 24 Maciejewski, and Associate Warden C. Schuyler. (ECF No. 1.) 25 On August 22, 2017, the court screened the Complaint and issued an order dismissing 26 the Complaint for failure to state a claim, with leave to amend within thirty days. (ECF No. 27 13.) On September 11, 2017, Plaintiff appealed the court’s screening order to the Ninth Circuit 28 Court of Appeals. (ECF No. 14.) On September 21, 2017, the Ninth Circuit issued an order 1 1 dismissing the appeal for lack of jurisdiction, and on October 16, 2017, the Ninth Circuit issued 2 its mandate. (ECF Nos. 17, 18.) 3 Plaintiff has not filed an amended complaint pursuant to the court’s order of August 22, 4 2017. Given that Plaintiff’s appeal has been dismissed, Plaintiff is now required to file the 5 amended complaint, within thirty days. 6 II. CONCLUSION 7 Based on the foregoing, it is HEREBY ORDERED that: 8 1. The Clerk’s Office shall send Plaintiff a civil rights complaint form; 9 2. Plaintiff is required to file a First Amended Complaint curing the deficiencies 10 identified by the court in the August 22, 2017, order, within thirty (30) days 11 from the date of service of this order; 12 3. 13 14 amended complaint; 4. 15 16 Plaintiff shall review the August 22, 2017, order for instructions for filing the Plaintiff shall caption the amended complaint “First Amended Complaint” and refer to the case number 1:16-cv-01271-DAD-GSA-PC; and 5. 17 If Plaintiff fails to file a First Amended Complaint within thirty days, this case shall be dismissed for failure to state a claim. 18 19 20 21 IT IS SO ORDERED. Dated: October 18, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?