Akhtar v. Mesa et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 12/3/2012 ORDERING that plaintiff may file a second amended complaint within 30 days; if a second amended complaint is filed, defendants' response due within 30 days thereafter; absent the filing of a proposed second amended complaint, this matter will proceed upon plaintiff's first amended complaint, and defendants' answer will be due 30 days after the time for filing a second amended complaint has expired.(Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAVIAD AKHTAR,
Plaintiff,
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No. CIV S-09-2733 MCE AC P
vs.
J. MESA, et al.,
Defendants.
ORDER
/
Plaintiff is a California prisoner proceeding with counsel under the civil rights
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statute, 42 U.S.C. § 1983. The mandate of the Ninth Circuit has issued, ordering that the
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appellate court’s judgment, entered on November 5, 2012, take effect as of November 28, 2012 .
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See Doc. No. 40. The district court’s judgment granting the motion to dismiss, brought by
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defendants Mesa and Turner, has been vacated and the case remanded. See Akhtar v. Mesa, 698
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F.3d 1202 (9th Cir. 2012); see also, Doc. Nos. 43 & 46. The Ninth Circuit’s decision included,
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inter alia, the following footnote: “Nothing in this opinion should be construed as limiting
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Akhtar’s ability to seek leave to amend his first amended complaint if he so chooses to do so
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upon remand.” Akhtar, 698 F. 3d 1202, n. 7.
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Accordingly, IT IS ORDERED that:
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1. Plaintiff may file a second amended complaint within thirty days of the date of
service of this order;
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2. If a second amended complaint is filed, defendants’ response will be due
within thirty days thereafter;
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3. Absent the filing of a proposed second amended complaint, this matter will
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proceed upon plaintiff’s first amended complaint, and defendants’ answer will be due thirty days
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after the time for filing a second amended complaint has expired.
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DATED: December 3, 2012.
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/s/
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE
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AC:009
akht2733.ord
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