Osotonu v. Ringler, et al

Filing 16

ORDER signed by Magistrate Judge Dale A. Drozd on 3/12/2012 GRANTING plaintiff's 15 motion to amend; and plaintiff shall file a second amended complaint within 30 days. (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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OSTON G. OSOTONU,

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Plaintiff,

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vs.
C/O RINGLER, et al.,

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Defendants.

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ORDER
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No. CIV S-10-2964 MCE DAD P

Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42
U.S.C. § 1983.

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The court previously dismissed plaintiff’s complaint and granted him leave to file

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an amended complaint. After granting him several extensions of time, plaintiff complied with

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the court’s order and filed amended complaint. However, before the court had an opportunity to

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screen plaintiff’s amended complaint he filed a motion to amend, asking the court for permission

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to file a second amended complaint to correct certain deficiencies in his amended complaint.

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Under the circumstances of this case, the court will grant plaintiff’s motion for leave to amend

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and direct him to file a second amended complaint within thirty days. See Fed. R. Civ. P. 15

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(“The court should freely give leave [to amend] when justice so requires.”).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to amend (Doc. No. 15) is granted;

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2. Plaintiff shall file a second amended complaint within thirty days of the date of

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service of this order. Failure to comply with the court’s order or seek an extension of time to do

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so will result in a recommendation for dismissal of this action.

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DATED: March 12, 2012.

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DAD:9
osot2964.mta

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