Penton v. Hubard et al

Filing 65

ORDER signed by Magistrate Judge Kendall J. Newman on 11/25/14 ORDERING that within 30 days from the date of this order, plaintiff shall file a proposed third amended complaint; Twenty-one days after plaintiff submits his third amended complaint, defendant shall file a response to plaintiffs November 10, 2014 request (ECF No. 64 ); and Plaintiffs reply, if any, shall be filed 14 days thereafter.(Dillon, M)

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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 GEB KJN P

Plaintiff,

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v.

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S. NUNEZ, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42

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U.S.C. § 1983. On November 10, 2014, plaintiff filed a response to the order to show cause and a

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request for equitable reconsideration under Rule 60(b) of the Federal Rules of Civil Procedure.

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Plaintiff asks the court to allow him to amend, and to hold the order to show cause in abeyance

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pending resolution of his pending request.

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However, plaintiff’s request was not accompanied by a proposed third amended

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complaint. As a prisoner, plaintiff’s pleadings are subject to evaluation by this court pursuant to

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the in forma pauperis statute. See 28 U.S.C. § 1915A. Because plaintiff did not submit a

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proposed third amended complaint, the court is unable to evaluate it. Plaintiff is granted thirty

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days from the date of this order in which to file his proposed third amended complaint. Upon

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filing the third amended complaint, defendant shall file a response to plaintiff’s November 10,

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2014 request within twenty-one days. Plaintiff may file a reply fourteen days thereafter.
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Plaintiff shall not append any exhibits to his proposed third amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within thirty days from the date of this order, plaintiff shall file a proposed third

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amended complaint;
2. Twenty-one days after plaintiff submits his third amended complaint, defendant shall
file a response to plaintiff’s November 10, 2014 request (ECF No. 64); and
3. Plaintiff’s reply, if any, shall be filed fourteen days thereafter.
Dated: November 25, 2014

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