(PC) Ontiveros v. California Department of Corrections & Rehabilitation

Filing 45

ORDER Granting Motion for Leave to File Amended Complaint 44 ; ORDER Vacating Findings and Recommendations 41 , signed by Magistrate Judge Erica P. Grosjean on 9/23/20. Fourth Amended Complaint due by 11/9/2020. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HERMAN RENE ONTIVEROS, 12 13 14 15 16 Plaintiff, No. 1:19-cv-01651-NONE-EPG (PC) ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT v. (ECF No. 44) CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION and M. PORTER, Defendants. ORDER VACATING FINDINGS AND RECOMMENDATIONS (ECF No. 41) 17 18 Plaintiff Herman Rene Ontiveros (“Plaintiff”) is a state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On July 8, 2020, the 20 Court entered findings and recommendations, recommending that Plaintiff’s third amended 21 complaint be dismissed for failure to state a claim and for lack of subject-matter jurisdiction. 22 (ECF No. 41). The Court granted Plaintiff’s motion for an extension of time to file objections to 23 the findings and recommendations. (ECF Nos. 42 & 43). On September 21, 2020, Plaintiff filed a 24 motion for leave to file an amended complaint. (ECF No. 44). In his motion, Plaintiff states that 25 he understands now how he must allege additional information to state a claim. He moves for 26 leave to file an amended complaint. 27 28 Finding good cause, the Court GRANTS Plaintiff’s motion. (ECF No. 44). Accordingly, it is HEREBY ORDERED that: 1 1 1. Plaintiff shall file a fourth amended complaint no later than November 9, 2020. 2 2. The Findings and Recommendations entered July 8, 2020 (ECF No. 41) are HEREBY 3 VACATED. 4 5 6 7 IT IS SO ORDERED. Dated: September 23, 2020 /s/ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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