Real v. Walker et al

Filing 87

ORDER signed by Magistrate Judge Kendall J. Newman on 4/21/15 ORDERING that within 30 days of the filing of this order, defendant R. Ramos file and serve an answer.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDY REAL,

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No. 2:09-cv-3273 GEB KJN P
Plaintiff,

v.

ORDER

JAMES WALKER, et al.,
Defendants.

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Plaintiff, a state prisoner in the custody of the California Department of Corrections and

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Rehabilitation (“CDCR”), brings this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff

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challenges his validation as an associate of a prison gang and his resulting confinement in a

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Security Housing Unit.

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By order filed January 26, 2015, the court granted in part and denied in part defendants’

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motion to dismiss plaintiff’s Second Amended Complaint. (ECF No. 85.) Plaintiff was therein

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granted leave to file a motion to file a Third Amended Complaint.

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On February 24, 2015, plaintiff filed a notice with the court, indicating that he would not

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file a Third Amended Complaint. (ECF No. 86.) Plaintiff’s Second Amended Complaint

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therefore remains the operative complaint in this action. Accordingly, it is incumbent upon

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defendant R. Ramos, the remaining defendant in this action, to file an answer to those portions of

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plaintiff’s Second Amended Complaint that survived the prior motion to dismiss.
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In light of the foregoing, IT IS HEREBY ORDERED that, within thirty days of the filing

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of this order, defendant R. Ramos file and serve an answer.

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Dated: April 21, 2015

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/real3273.file.ans

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