Henry v. Vanni et al

Filing 13

ORDER signed by Magistrate Judge Craig M. Kellison on 4/3/14 ORDERING that Plaintiffs motion to amend the complaint (Doc. 12 ) is denied as unnecessary; The Clerk of the Court is directed to send plaintiff a new prisoner civil rights form complaint; and Plaintiff shall file an amended complaint within 30 days of the date of this order.(Dillon, M)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

KENNETH R. HENRY,

11

Plaintiff,

12
13

No. 2:12-cv-2828-CMK-P

vs.

ORDER

PETER VANNI, et al.

14

Defendants.

15

/

16

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

17

U.S.C. § 1983. Pending before the court is plaintiff’s motion to file an amended complaint

18

(Doc. 12).

19

On December 4, 2013, the undersigned issued an order dismissing plaintiff’s

20

complaint and ordering plaintiff to file an amended complaint within 30 days. Instead of filing

21

his amended complaint, he file the current motion. The motion is unnecessary as the court has

22

already granted plaintiff leave to file an amended complaint. As it appears plaintiff may have

23

been a bit confused as to his course of action, he will be provided additional time in which to file

24

his amended complaint. Plaintiff is informed no motion is necessary as leave of court has

25

already been granted. Plaintiff simply needs to file an amended complaint which addresses the

26

deficiencies outlined by the court in the December 4, 2013 order.
1

1

Plaintiff is again cautioned that failure to file an amended complaint within the

2

time provided in this order may be grounds for dismissal of this action. See Ferdik v. Bonzelet,

3

963 F.2d 1258, 1260-61 (9th Cir. 1992); see also Local Rule 110.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1.

Plaintiff’s motion to amend the complaint (Doc. 12) is denied as

2.

The Clerk of the Court is directed to send plaintiff a new prisoner civil

6

unnecessary;

7
8

rights form complaint; and

9
10

3.

Plaintiff shall file an amended complaint within 30 days of the date of this

order.

11
12
13
14

DATED: April 3, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
2