(PC) Salazar v. Clark

Filing 3

ORDER Directing Defendant to File Amended Notice of Removal Within Seven (7) Days signed by Magistrate Judge Barbara A. McAuliffe on 10/16/2020. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN SALAZAR,

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Plaintiff,

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ORDER DIRECTING DEFENDANT TO FILE
AMENDED NOTICE OF REMOVAL

v.

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Case No. 1:20-cv-01464-BAM (PC)

CLARK,

(ECF No. 1)
SEVEN (7) DAY DEADLINE

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Defendant.

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Plaintiff Kevin Salazar (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action in Kings County Superior Court on

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May 18, 2020. On October 15, 2020, Defendant Clark (“Defendant”) removed the action and

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requested that the Court screen the complaint under 28 U.S.C. § 1915A(a) and that Defendant be

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allowed thirty days from the screening of the complaint to file a responsive pleading. (ECF No.

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1.)

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Upon review of the copy of the complaint attached to the notice of removal, there appear

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to be missing pages. The document is numbered pages “1 of 36” to “11 of 36,” but there do not

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appear to be additional pages attached. (See ECF No. 1, pp. 7, 18.) It is not clear from

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Defendant’s filing whether the pages were omitted in error or whether this is a complete copy of

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what was served on Defendant.

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Accordingly, Defendant is HEREBY DIRECTED to submit an amended notice of

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removal within seven (7) days following service of this order to include a complete copy of the

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complaint, or to provide written notice if the copy of the complaint originally served on

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Defendant was also missing pages.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 16, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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