Jackson v. Pletcher et al

Filing 106

ORDER signed by Magistrate Judge Kendall J. Newman on 06/05/12 ordering that within 14 days of the date of this order, defendant Pletcher shall file a reply to the second amended complaint. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND D. JACKSON,

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Plaintiff,
vs.
STEVEN FLETCHER, et al.,
Defendants.

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No. 2: 11-cv-1157 JAM KJN P

ORDER
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Plaintiff is a state prisoner, proceeding with counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. On May 12, 2012, plaintiff filed a motion for leave to file a

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second amended complaint and a proposed second amended complaint. Previously named

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defendants Pletcher, Osama, Sabin, Jolley, Hall and Cate stipulated to the unopposed filing of the

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second amended complaint. On May 31, 2012, the undersigned ordered these previously named

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defendants to file a response to the second amended complaint within twenty days.

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On June 5, 2012, defendant Pletcher filed a waiver of reply pursuant to 42 U.S.C.
§ 1997e(g). This section provides,
(1) Any defendant may waive the right to reply to any action
brought by a prisoner confined in any jail, prison, or other
correctional facility under section 1983 of this title or any other
Federal law. Notwithstanding any other law or rule of procedure,
such waiver shall not constitute an admission of the allegations
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contained in the complaint. No relief shall be granted to the
plaintiff unless a reply has been filed.

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(2) The court may require any defendant to reply to a complaint
brought under this section if it finds that the plaintiff has a
reasonable opportunity to prevail on the merits.

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42 U.S.C. § 1997e(g).

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After reviewing the second amended complaint, the undersigned finds that

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plaintiff has a reasonable opportunity to prevail on the merits as to his claims against defendants

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Pletcher, Osama, Sabin, Jolley, Hall and Cate.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of

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this order, defendant Pletcher shall file a reply to the second amended complaint. 42 U.S.C. §

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1997e(g)(2).

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DATED: June 5, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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jack1157.ord(2)

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