Penton v. Hubard et al
ORDER signed by Magistrate Judge Kendall J. Newman on 3/13/2018 ORDERING, within 30 days, plaintiff shall file a fourth amended complaint consistent with the order of the appellate court.(Yin, K)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:11-cv-0518 TLN KJN P
HUBARD, et al.,
Plaintiff is a state prisoner, proceeding through counsel. On February 9, 2018, the Court
of Appeals for the Ninth Circuit reversed the dismissal of plaintiff’s first amended complaint and
the dismissal of plaintiff’s action under Rule 4(m) of the Federal Rules of Civil Procedure, and
noted several options available to the district court on remand to advance plaintiff’s case. Good
cause appearing, IT IS HEREBY ORDERED that within thirty days from the date of this order,
plaintiff shall file a fourth amended complaint consistent with the order of the appellate court.
Dated: March 13, 2018
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