Arocha v. Sauceda et al

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 5/30/12 ORDERING that plaintiffs second amended complaint 21 is DISMISSED with leave to file a third amended complaint within 30 days of the date of this order; if plaintiff does not file a third amended complaint, this action will proceed on the colorable claims contained in the first 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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RUDY AROCHA,

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Plaintiff,

No. 2: 11-cv-2959 KJN P

vs.
E. SAUCEDA, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s second amended complaint

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filed April 16, 2012. (Dkt. No. 21.) For the following reasons, the second amended complaint is

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dismissed.

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On November 7, 2011, plaintiff filed the original complaint. (Dkt. No. 1.) On

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December 9, 2011, the undersigned dismissed plaintiff’s original complaint with leave to amend.

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(Dkt. No. 10.) In this order, the undersigned observed that plaintiff’s complaint was 47 pages

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long. (Id. at 4.) The undersigned ordered that plaintiff’s amended complaint could be no longer

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than 20 pages. (Id.)

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On January 12, 2012, plaintiff filed an 18 page amended complaint. (Dkt. No.
13.) On January 25, 2012, the undersigned issued an order addressing the amended complaint.
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(Dkt. No. 14.) The undersigned found that plaintiff had stated a colorable claim for violation of

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the right to privacy against defendants Sauceda, Hart, Miranda and Munoz. (Id. at 10.) The

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other claims were dismissed with thirty days to file a second amended complaint. (Id.) The

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January 25, 2012 order stated, “[a]s with the first amended complaint, the undersigned orders that

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the second amended complaint may be no longer than twenty pages.” (Id. at 10.)

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On April 16, 2012, plaintiff filed a second amended complaint. (Dkt. No. 21.)

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The second amended complaint is 42 pages long. Because the second amended complaint

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exceeds the twenty page limit set in the previous orders, it is dismissed with leave to amend.

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Plaintiff is granted thirty days to file a third amended complaint that does not exceed twenty

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pages. If plaintiff does not file a third amended complaint, this action will proceed as to the

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colorable claims contained in the first amended complaint.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s second amended

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complaint (Dkt. No. 21) is dismissed with leave to file a third amended complaint within thirty

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days of the date of this order; if plaintiff does not file a third amended complaint, this action will

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proceed on the colorable claims contained in the first amended complaint.

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DATED: May 30, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ar2959.ord

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