Blackshire v. California Department of Corrections

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 5/20/2013 DISMISSING plaintiff's 8 amended complaint with leave to amend; the Clerk shall send plaintiff the form for filing a civil rights action; within 30 days, plaintiff shall file a civil rights complaint on the form provided by the Clerk.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK BLACKSHIRE,

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Plaintiff,

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No. 2:12-cv-2136 KJN P

vs.

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CALIFORNIA DEPARTMENT
OF CORRECTIONS,

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Defendant.

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ORDER
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Plaintiff is a former state prisoner. On April 15, 2013, plaintiff’s amended

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complaint was dismissed, and plaintiff was granted thirty days in which to file a second amended

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complaint. Plaintiff was provided the form for filing a civil rights action pursuant to 42 U.S.C.

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§ 1983. On May 13, 2013, plaintiff filed a document entitled “Amended Complaint.” (ECF No.

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8.) However, plaintiff did not name any individual defendants, and raised only generalized

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statements that prevent the court from discerning whether plaintiff can state a cognizable civil

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rights claim. In an abundance of caution, plaintiff is granted one final opportunity to file a

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second amended complaint that complies with this court’s prior screening orders. (ECF Nos. 4

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& 7.) Plaintiff shall file any second amended complaint on the form provided by the Clerk of the

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Court.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s May 13, 2012 amended complaint (ECF No. 8) is dismissed with

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leave to amend;

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

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3. Within thirty days from the date of this order, plaintiff shall file a civil rights

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complaint on the form provided by the Clerk of the Court; such filing shall be entitled “Second

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Amended Complaint.” Plaintiff shall file an original and one copy of the Second Amended

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Complaint. In addition, plaintiff’s second amended complaint shall comply with the

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

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of Practice. The second amended complaint must also bear the docket number assigned to this

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case and must be labeled “Second Amended Complaint.” Plaintiff is required to use the court’s

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form in filing his second amended complaint, and may only include his claim regarding forced

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medication.

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Failure to file a second amended complaint in accordance with this order will

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result in the dismissal of this action.

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DATED: May 20, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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blac2136.lta

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