Burton v. McDonald, et al

Filing 65

ORDER signed by Magistrate Judge John F. Moulds on 8/23/2012, within 10 days defendants shall file and serve a response to plaintiff's 64 motion to compel; and the deadline for filing a fourth amended complaint is VACATED and will be reset, as appropriate, by further order of court.(Yin, K)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HARRISON L. BURTON, 11 Plaintiff, 12 13 No. 2:10-cv-1980 JAM JFM (PC) vs. WARDEN MCDONALD, et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action 17 filed pursuant to 42 U.S.C. § 1983. By order filed July 13, 2012, plaintiff’s third amended 18 complaint was dismissed and plaintiff was granted thirty days in which to file a fourth amended 19 complaint. On August 3, 2012, plaintiff filed a motion to compel return of his legal materials. 20 Good cause appearing, defendants will be directed to respond within ten days to that motion. 21 The deadline filing of the fourth amended complaint will be vacated and reset by subsequent 22 order.. 23 In accordance with the above, IT IS HEREBY ORDERED that: 24 1. Within ten days from the date of this order defendants shall file and serve a 25 response to plaintiff’s August 3, 2012 motion; and 26 ///// 1 1 2. The deadline for filing a fourth amended complaint is vacated and will be 2 reset, as appropriate, by further order of court. 3 DATED: August 23, 2012. 4 5 6 7 8 12 burt1980.o 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HARRISON L. BURTON, 11 12 13 Plaintiff, No. 2:10-cv-1980 JAM JFM (PC) vs. WARDEN MCDONALD, et al., 14 Defendants. NOTICE OF AMENDMENT 15 / 16 17 Plaintiff hereby submits the following document in compliance with the court's order filed 18 19 : ______________ Fourth Amended Complaint DATED: 20 21 Plaintiff 22 23 24 25 26 3

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