Frazier v. Redding Police Department et al

Filing 12

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/12/11 GRANTING 11 Motion to Amend the Complaint. Plaintiff is granted 28 days to file a second amended complaint. (Dillon, 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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MATTHEW LUCAS FRAZIER,

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Plaintiff,
vs.
REDDING POLICE DEPT., et al.,
Defendants.

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No. CIV S-11-1351 GGH P

ORDER
/

Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C.

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§ 1983. By order filed on July 6, 2011, plaintiff’s original complaint was dismissed with leave to

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amend within twenty-eight days. Plaintiff filed an amended complaint on August 1, 2011;

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however, subsequently, plaintiff sought leave to file a further amended complaint. Plaintiff is

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concerned that a portion of his first amended complaint is inaccurate based on having recently

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received a copy of his case records/file. Although plaintiff should have attached a proposed

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second amended complaint with his motion, the court will grant plaintiff further leave to amend

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within twenty-eight days. Should plaintiff fail to amend timely, the court will proceed to screen

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the first amended complaint.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s September 2, 2011
(docket # 11), motion to amend the amended complaint is granted and plaintiff is hereby
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permitted twenty-eight days from the date of this order to file a second amended complaint;

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should he fail to do so, the court will proceed to screen the first amended complaint.

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DATED: September 12, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:009
fraz1351.ord

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