(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HERMAN RENE ONTIVEROS,

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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)

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Plaintiff Herman Rene Ontiveros (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On July 8, 2020, the

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Court entered findings and recommendations, recommending that Plaintiff’s third amended

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complaint be dismissed for failure to state a claim and for lack of subject-matter jurisdiction.

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(ECF No. 41). The Court granted Plaintiff’s motion for an extension of time to file objections to

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the findings and recommendations. (ECF Nos. 42 & 43). On September 21, 2020, Plaintiff filed a

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motion for leave to file an amended complaint. (ECF No. 44). In his motion, Plaintiff states that

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he understands now how he must allege additional information to state a claim. He moves for

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leave to file an amended complaint.

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Finding good cause, the Court GRANTS Plaintiff’s motion. (ECF No. 44). Accordingly, it
is HEREBY ORDERED that:
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1. Plaintiff shall file a fourth amended complaint no later than November 9, 2020.

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2. The Findings and Recommendations entered July 8, 2020 (ECF No. 41) are HEREBY

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VACATED.

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IT IS SO ORDERED.
Dated:

September 23, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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