Davis v. Schroeder et al

Filing 24

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/30/2012, ORDERING that plaintiff's 22 motion to amend is DENIED as moot; and plaintiff is granted leave to file a fourth amended complaint, not longer than 20 pages, 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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JAMES L. DAVIS,

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Plaintiff,

No. 2:10-cv-2972 MCE CKD P

vs.
SCHROEDER, et al.,
Defendants.

ORDER
/

Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed his
original complaint on November 4, 2010, seeking relief under 42 U.S.C. § 1983. (Dkt. No. 1.)
Plaintiff was granted leave to amend the complaint. (Dkt. No. 10.) The amended

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complaint was screened and dismissed, and plaintiff was granted leave to file a second amended

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complaint. (Dkt. No. 13.) Plaintiff’s second amended complaint was also screened and

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dismissed, and plaintiff was granted leave to file a third amended complaint “not longer than 20

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pages.” (Dkt. No. 16.) On May 22, 2012, plaintiff was granted a sixty-day extension of time to

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file the third amended complaint. (Dkt. No. 19.)

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On June 13, 2012, plaintiff filed a document setting forth his objections to the
May 22, 2012 order. (Dkt. No. 21.) These objections are without merit.
On July 12, 2012, plaintiff filed a motion to amend the complaint, along with a

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proposed amended complaint. (Dkt. Nos. 22, 23.) As the court earlier granted leave for plaintiff

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to amend the complaint a third time, the court will deny this motion as moot. The court will refer
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to the most recent amended complaint as the Third Amended Complaint.

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Having screened and dismissed two lengthy pleadings by plaintiff, the court on

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April 13, 2012 ordered that plaintiff was granted “leave to file a Third Amended Complaint not

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longer than 20 pages within thirty days from the service of this order.” (Dkt. No. 16; emphasis in

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original.) Plaintiff has disregarded this order by filing, effectively, a Third Amended Complaint

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that is 64 pages long.

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The court has neither the resources nor the inclination to screen a third lengthy,

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confusing complaint by plaintiff containing numerous unrelated claims. As plaintiff has failed to

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comply with the court’s order to limit his amended complaint to 20 pages, plaintiff will be given

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one final chance to do so. Plaintiff is advised that if he again fails to abide by the court’s order,

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the court will recommend that this action be dismissed. Plaintiff is also advised to review the

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court’s earlier screening orders setting forth the requirement of a “short and plain” statement of

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the claim.

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Accordingly, IS HEREBY ORDERED THAT:

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1. Plaintiff’s motion to amend (Dkt. No. 22) is denied as moot; and

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2. Plaintiff is granted leave to file a Fourth Amended Complaint not longer than

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20 pages within thirty days from the date of service of this order. Failure to file an amended

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complaint, or to adhere to the page limit, will result in a recommendation that the action be

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dismissed.

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Dated: July 30, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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davi2972.amend2

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