Brazier v. California Department of Correction and Rehabilitation et al

Filing 28

ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/24/13 ordering that plaintiff is gratned 30 days to submit an amended complaint alleging, or attempting to allege, a due process claim against defendant Miramentes regarding the removal of funds from plaintiff's trust account. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY BRAZIER,

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Plaintiff,

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No. 2:12-cv-0883 CKD P

v.

ORDER

CDCR, et al.,

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Defendant.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, who seeks relief

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pursuant to 42 U.S.C. § 1983. On September 27, 2012, the court dismissed with prejudice

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plaintiff’s First Amended Complaint for failure to state a claim. (ECF No. 14.) Plaintiff appealed

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the judgment to the United States Court of Appeals for the Ninth Circuit. On June 14, 2013, the

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Ninth Circuit vacated the judgment in part, remanding this action “for the sole purpose of

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allowing Brazier to amend his due process claim against defendant Miramentes to allege that

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Brazier did, in fact, have an ownership interest in the tax refunds credited to his inmate trust

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account, absent which Brazier’s claim must fail.” (ECF No. 27, citing Neal v. Shimoda, 131 F.

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3d 818, 827 (9th Cir. 1997).) The Ninth Circuit affirmed dismissal of all other defendants. (Id.)
Accordingly, IT IS HEREBY ORDERED that plaintiff is granted thirty days to submit an

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amended complaint alleging, or attempting to allege, a due process claim against defendant

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Miramentes regarding the removal of funds from plaintiff’s inmate trust account. Plaintiff’s

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failure to submit an amended complaint will result in dismissal of this action.

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Dated: June 24, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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braz0883.remand

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