Perez v. McDonald et al

Filing 62

ORDER signed by Magistrate Judge John F. Moulds on 12/11/12 ordering that within 10 days from the date of this order defendants shall file and serve a response to plaintiff's second amended complaint. (Plummer, M)

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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 FERNANDO PEREZ, 11 Plaintiff, 12 13 No. 2:10-cv-1984 MCE JFM (PC) vs. MCDONALD, et al., 14 Defendants. 15 ORDER / 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil 17 rights action pursuant to 42 U.S.C. § 1983. By order filed September 28, 2012, the district court 18 granted defendants’ motion to dismiss plaintiff’s claim that his right to due process was violated 19 by defendants’ validation of plaintiff as a member of the Northern Structure prison gang but 20 granted plaintiff leave to file a second amended complaint raising only his ex post facto claim. 21 On October 12, 2012, plaintiff filed a second amended complaint raising said claim. 22 ///// 23 ///// 24 ///// 25 ///// 26 ///// 1 1 Good cause appearing, IT IS HEREBY ORDERED that within ten days from the 2 date of this order defendants shall file and serve a response to plaintiff’s second amended 3 complaint. 4 DATED: December 11, 2012. 5 6 7 8 9 12 pere1984.2am 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 9 10 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FERNANDO PEREZ, Plaintiff, No. 2:10-cv-1984 MCE JFM (PC) vs. MCDONALD, et al., NOTICE OF SUBMISSION Defendants. OF DOCUMENTS ____________________________________/ Plaintiff hereby submits the following documents in compliance with the court’s order filed : completed summons form completed USM-285 forms copies of the Amended Complaint DATED: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff

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