Penton v. Hubard et al

Filing 102

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY PENTON,

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No. 2:11-cv-0518 TLN KJN P

Plaintiff,

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v.

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HUBARD, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner, proceeding through counsel. On February 9, 2018, the Court

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of Appeals for the Ninth Circuit reversed the dismissal of plaintiff’s first amended complaint and

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the dismissal of plaintiff’s action under Rule 4(m) of the Federal Rules of Civil Procedure, and

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noted several options available to the district court on remand to advance plaintiff’s case. Good

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cause appearing, IT IS HEREBY ORDERED that within thirty days from the date of this order,

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plaintiff shall file a fourth amended complaint consistent with the order of the appellate court.

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Dated: March 13, 2018

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/pent0518.amd

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