Quair v. Gertz

Filing 94

ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/04/15 ordering that plaintiff is granted 30 days from the date of this order to file an amended complaint. Plaintiff's motion for medical records 88 is denied as premature. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMMY R. QUAIR, SR.,

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Plaintiff,

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No. 2:11-cv-2293 JAM CKD P

v.

ORDER

GERTZ, et al.,

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Defendants.

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A settlement conference held on June 2, 2015 did not result in settlement of this pro se

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prisoner action. (ECF No. 93.) Previously, the court vacated its order directing plaintiff to file an

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amended complaint, pending settlement talks. (ECF No. 87.) The court will now grant plaintiff

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thirty days to file an amended complaint to “name the correct defendants” in his failure-to-protect

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claim, per the October 28, 2014 order of the United States Court of Appeals for the Ninth Circuit.

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(ECF No. 72 at 3.) Plaintiff should note that although he has been given the opportunity to

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amend, it is not for the purpose of adding new claims. See George v. Smith, 507 F.3d 605, 607

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(7th Cir. 2007).
Plaintiff has filed a motion requesting that defendants produce medical records. (ECF No.

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88.) As discovery is premature at this stage of the litigation, plaintiff’s motion will be denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days from the date of service of this order to file an amended

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complaint that complies with the October 28, 2014 order of the Ninth Circuit Court of Appeals,

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the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local

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Rules of Practice; the amended complaint must bear the docket number assigned this case and

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must be labeled “Amended Complaint”; plaintiff must file an original and two copies of the

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amended complaint; failure to file an amended complaint in accordance with this order will result

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in a recommendation that this action be dismissed; and

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2. Plaintiff’s motion for medical records (ECF No. 88) is denied as premature.
Dated: June 4, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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