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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EVERETT HOLLAND,

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Plaintiff,

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vs.
C. SCHUYLER, et al.,

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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

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I.

BACKGROUND

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Everett Holland (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. This case was initiated by a Complaint filed in Kern

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County Superior Court on September 29, 2015, case BCV-15-010047-DRL. On August 26,

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2016, the case was removed to federal court pursuant to 28 U.S.C. § 1441(a) by defendants

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Sergeant R. Esmond, Associate Warden T. Haak, Correctional Officer (C/O) Hunley, C/O

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Maciejewski, and Associate Warden C. Schuyler. (ECF No. 1.)

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On August 22, 2017, the court screened the Complaint and issued an order dismissing

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the Complaint for failure to state a claim, with leave to amend within thirty days. (ECF No.

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13.) On September 11, 2017, Plaintiff appealed the court’s screening order to the Ninth Circuit

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Court of Appeals. (ECF No. 14.) On September 21, 2017, the Ninth Circuit issued an order
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dismissing the appeal for lack of jurisdiction, and on October 16, 2017, the Ninth Circuit issued

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its mandate. (ECF Nos. 17, 18.)

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Plaintiff has not filed an amended complaint pursuant to the court’s order of August 22,

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2017. Given that Plaintiff’s appeal has been dismissed, Plaintiff is now required to file the

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amended complaint, within thirty days.

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II.

CONCLUSION

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

The Clerk’s Office shall send Plaintiff a civil rights complaint form;

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2.

Plaintiff is required to file a First Amended Complaint curing the deficiencies

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identified by the court in the August 22, 2017, order, within thirty (30) days

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from the date of service of this order;

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3.

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amended complaint;
4.

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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.

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If Plaintiff fails to file a First Amended Complaint within thirty days, this case
shall be dismissed for failure to state a claim.

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IT IS SO ORDERED.
Dated:

October 18, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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