Harris v. Sexton, et al.

Filing 110

ORDER signed by Magistrate Judge Deborah Barnes on 9/18/2023 VACATING the 108 Order filed on 9/8/2023. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EARNEST S. HARRIS,

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No. 1:18-cv-0080 KJM DB P

Plaintiff,

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v.

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SEXTON, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. § 1983.

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Plaintiff alleges defendants’ use of the Guard One security check system violated his Eighth

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Amendment rights. On July 5, 2023, this court ordered plaintiff to file a renewed motion to

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amend his second amended complaint within thirty days. Thirty days have passed and plaintiff

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has not filed a renewed motion or otherwise responded to the court’s July 5 order. Since plaintiff

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has failed to comply with the court’s order despite ample opportunity to do so, this court will not

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further delay these proceedings. The case will proceed on plaintiff’s second amended complaint

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filed February 2, 2019 (ECF No. 42), as supplemented with plaintiff’s Eighth and First

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Amendment claims against defendant Flores (see Jan. 17, 2023 Order (ECF No. 100)).
On September 8, 2023, this court ordered defendant Flores to answer the complaint.

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Counsel for the other defendants has notified the court that defendant Flores has not yet been

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served. Accordingly, this court will vacate the September 8 order and, by separate order, orders

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service of the second amended complaint, as supplemented, on defendant Flores.

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For the foregoing reasons, IT IS HEREBY ORDERED that the September 8, 2023 order

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(ECF No. 108) is vacated.

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Dated: September 18, 2023

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DLB:9
DB Prisoner Inbox/Civil Rights/R/harr0080.vac or

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