Morrison v. Just et al

Filing 24

ORDER signed by Magistrate Judge Dale A. Drozd on 4/23/12 ORDERING that plaintiff is directed to notify the court within 21 days if he still wishes to pursue this civil action. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CLAY MORRISON,

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Plaintiff,

No. CIV S-09-1544 DAD P

vs.
D. JUST, et al.,
Defendants.

ORDER
/

By order filed May 24, 2010, the court dismissed plaintiff’s second amended

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complaint and granted him thirty days leave to file a third amended complaint. The thirty day

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period expired, and the court had not received plaintiff’s third amended complaint or any other

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response to the court’s order. Accordingly, the court issued findings and recommendations,

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recommending that this action be dismissed without prejudice. On July 7, 2010, the assigned

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district judge adopted the findings and recommendations in full and closed this case.

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It has recently come to the court’s attention that, on or about June 19, 2010,

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plaintiff attempted to file a third amended complaint and a motion for appointment of counsel.

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Prison officials at CSP-Sacramento metered plaintiff’s legal mail at that time but failed to send it

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to the court until April 11, 2012. Plaintiff’s third amended complaint and a motion for

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appointment of counsel were therefore not received by the court until April 17, 2012. Under
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these circumstances, the court will direct plaintiff to notify the court within twenty-one days if he

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still wishes to pursue this civil action. If he wishes to proceed with this case, the court will re-

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open this action, screen plaintiff’s third amended complaint, and rule on his motion for

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appointment of counsel. If plaintiff no longer wishes to proceed with this case, he is not required

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to take any further action. If the court does not hear from plaintiff within twenty-one days, the

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case will remain closed.

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Accordingly, IT IS HEREBY ORDERED that plaintiff is directed to notify the

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court within twenty-one days if he still wishes to pursue this civil action.

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DATED: April 23, 2012.

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DAD:9
morr1544.mail

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