Knox v. Biter

Filing 14

ORDER Regarding Plaintiff's Objections to Pending Findings and Recommendations re 13 , signed by Magistrate Judge Stanley A. Boone on 7/31/18. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIE H. KNOX, III.,

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Plaintiff,

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v.
M. BITER,
Defendant.

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Case No.: 1:18-cv-00761-AWI-SAB (PC)
ORDER REGARDING PLAINTIFF’S
OBJECTIONS TO PENDING FINDINGS AND
RECOMMENDATIONS
[ECF No. 13]

Plaintiff Willie H. Knox III is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On June 7, 2018, the Court screened Plaintiff’s complaint, found that Plaintiff failed to state a

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cognizable claim, and granted Plaintiff thirty days to file an amended complaint. Over thirty days

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passed, and Plaintiff did not file an amended complaint or otherwise responded to the Court’s order.

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Accordingly, on July 17, 2018, the undersigned issued Findings and Recommendations recommending

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the action be dismissed for failure to state a cognizable claim for relief for the reasons stated in the

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Court’s June 7, 2018, screening order.

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On July 20, 2018, Plaintiff filed a motion for an extension of time to file an amended

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complaint. On July 24, 2018, the Court granted Plaintiff thirty days to file an amended complaint, i.e.

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on or before August 29, 2018. (ECF No. 12.) In that order, the Court advised Plaintiff that if he failed

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to file a timely amended complaint, the July 17, 2018 Findings and Recommendations will be

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submitted to the assigned District Judge for review. (Id.)

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On July 30, 2018, Plaintiff filed objections to the Findings and Recommendations and

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indicates that he mailed his amended complaint to the Court on July 10, 2018. (ECF No. 13.)

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However, Plaintiff is advised that to date, the Court has not received or filed an amended complaint in

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this case. Accordingly, Plaintiff is again advised that any amended complaint is due on or before

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August 29, 2018, or the Findings and Recommendations will be submitted to the District Judge for

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review.

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IT IS SO ORDERED.

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Dated:

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July 31, 2018
UNITED STATES MAGISTRATE JUDGE

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