Drake v. Kernan, et al.

Filing 22

ORDER Regarding Plaintiff's March 9, 2018 Notice, Directing Clerk of Court to Send Plaintiff Copy of February 23, 2018 Order, and GRANTING Plaintiff Thirty Days to Either File an Amended Complaint OR Notify the Court of Intent to Proceed Only on Claims Found to be Cognizable 21 , signed by Magistrate Judge Stanley A. Boone on 3/12/2018: 30-Day Deadline. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAM DRAKE, 12 Plaintiff, 13 14 v. SCOTT KERNAN, et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:17-cv-01500-AWI-SAB (PC) ORDER REGARDING PLAINTIFF’S MARCH 9, 2018 NOTICE, DIRECTING CLERK OF COURT TO SEND PLAINTIFF COPY OF FEBRUARY 23, 2018 ORDER, AND GRANTING PLAINTIFF THIRTY DAYS TO EITHER FILE AN AMENDED COMPLAINT OR NOTIFY THE COURT OF INTENT TO PROCEED ONLY ON CLAIMS FOUND TO BE COGNIZABLE [ECF No. 21] 19 Plaintiff Sam Drake is appearing pro se and in forma pauperis in this civil rights action 20 21 pursuant to 42 U.S.C. § 1983. On March 9, 2018, Plaintiff filed a notice indicating that he never received a full copy of the 22 23 Court’s February 23, 2018 screening order. Instead, Plaintiff contends that on March 1, 2018, he only 24 received a copy of the first and last page of the Court’s February 23, 2018 order and requests the Court 25 send him another copy of the order. 26 /// 27 /// 28 /// 1 Based on Plaintiff’s representation, the Court will direct the Clerk of Court to send Plaintiff 1 2 another copy of the Court’s February 23, 2018 order and granted Plaintiff thirty additional days to 3 either file an amended complaint or notify the Court of his intent to proceed only the claims found to 4 be cognizable. 5 Based on the foregoing, it is HEREBY ORDERED that: 6 1. 7 (ECF No. 20); 2. 8 9 Plaintiff has thirty (30) days from the date of service of this order to either file an amended complaint or notify the Court of intent to proceed only on claims found to be cognizable; and 3. 10 11 The Clerk of Court shall send Plaintiff a copy of the Court’s February 23, 2018 order Failure to comply with this order will result in a recommendation that the action be dismissed for failure to comply with a court order. 12 13 IT IS SO ORDERED. 14 Dated: 15 March 12, 2018 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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