Arocha v. Sauceda et al

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/12 ORDERING that Plaintiff's MOTION for Relief from Judgment 28 , construed as a Request to Vacate the 7/20/12 Order, is GRANTED. Plaintiff is GRANTED thirty days to file a third Amended Complaint. The Clerk is directed to re-serve Plaintiff with the 5/31/12 Order 25 . (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUDYAROCHA,

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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. On May 31, 2012, the undersigned dismissed plaintiff’s second

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amended complaint with leave to file a third amended complaint within thirty days. The

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undersigned further ordered that if plaintiff did not file a third amended complaint within that

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time, this action would proceed on the colorable claims contained in the first amended complaint.

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Thirty days passed and plaintiff did not file a third amended complaint. Accordingly, on July 20,

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2012, the undersigned ordered service of the colorable claims contained in the first amended

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complaint.

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On August 20, 2012, plaintiff filed a “motion for relief from judgment.” In this

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motion, plaintiff alleges that he did not receive the May 31, 2012 order. Plaintiff requests an

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opportunity to file a third amended complaint. Good cause appearing, plaintiff is granted an
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opportunity to file a third amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for relief from judgment (Dkt. No. 28), construed as a

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request to vacate the July 20, 2012 order, is granted;

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2. Plaintiff is granted thirty days to file a third amended complaint;

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3. The Clerk of the Court is directed to re-serve plaintiff with the May 31, 2012

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order (Dkt. No. 25).

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DATED: August 23, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ar2959.res

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