Akhtar v. Mesa et al

Filing 47

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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 JAVIAD AKHTAR, Plaintiff, 12 13 14 15 16 17 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 18 statute, 42 U.S.C. § 1983. The mandate of the Ninth Circuit has issued, ordering that the 19 appellate court’s judgment, entered on November 5, 2012, take effect as of November 28, 2012 . 20 See Doc. No. 40. The district court’s judgment granting the motion to dismiss, brought by 21 defendants Mesa and Turner, has been vacated and the case remanded. See Akhtar v. Mesa, 698 22 F.3d 1202 (9th Cir. 2012); see also, Doc. Nos. 43 & 46. The Ninth Circuit’s decision included, 23 inter alia, the following footnote: “Nothing in this opinion should be construed as limiting 24 Akhtar’s ability to seek leave to amend his first amended complaint if he so chooses to do so 25 upon remand.” Akhtar, 698 F. 3d 1202, n. 7. 26 Accordingly, IT IS ORDERED that: 1 1 2 1. Plaintiff may file a second amended complaint within thirty days of the date of service of this order; 3 4 2. If a second amended complaint is filed, defendants’ response will be due within thirty days thereafter; 5 3. Absent the filing of a proposed second amended complaint, this matter will 6 proceed upon plaintiff’s first amended complaint, and defendants’ answer will be due thirty days 7 after the time for filing a second amended complaint has expired. 8 DATED: December 3, 2012. 9 /s/ ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 10 11 AC:009 akht2733.ord 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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