Espinoza v. McDonald

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 2/7/12 GRANTING plaintiff 30 days to file an amended complaint. Clerk directed to send plaintiff the prisoner civil rights form. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GABRIEL ESPINOZA,

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Plaintiff,

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vs.
M.D. McDONALD,
Defendant.

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No. 2: 11-cv-3358 KJN P

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 January 6, 2012, the undersigned dismissed plaintiff’s

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complaint with leave to amend on grounds that plaintiff had failed to link the only named

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defendant, M.D. McDonald, to the alleged deprivations.

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Plaintiff did not file an amended complaint. Instead, plaintiff filed a declaration

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discussing defendant McDonald’s link to the alleged deprivations. In order for the undersigned

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to consider the allegations contained in the declaration, they must be contained in an amended

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complaint. Accordingly, plaintiff is granted thirty days to file an amended complaint containing

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his allegations against defendant McDonald. Plaintiff must include all of his claims against

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defendant McDonald in the amended complaint, including his allegations linking him to the

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alleged deprivations.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days to file an amended complaint; and

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2. The Clerk of the Court is directed to send plaintiff the form for a civil rights

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complaint by a prisoner.

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DATED: February 7, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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es3358.ord

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