White v. Smyers et al

Filing 19

ORDER signed by Magistrate Judge Allison Claire on 02/06/13 granting in part 17 Motion for Extension of time. Plaintiff shall file an amended complaint on or before 4/10/13. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WALTER HOWARD WHITE,
Plaintiff,

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No. 2:12-cv-2868 MCE AC P

vs.
D. SMYERS, et al.,
Defendants.

ORDER
/

By order dated December 13, 2012, plaintiff’s November 26, 2012 complaint was

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screened, and plaintiff was given the option of proceeding with the complaint as screened or

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filing an amended complaint. Plaintiff has now submitted notice that he intends to amend his

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complaint and seeks an extension of time to file an amended complaint. This request will be

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granted. Plaintiff is reminded that his amended complaint should be limited to claims involving

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medical care at High Desert State Prison (“HDSP”), and should correct the pleading deficiencies

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previously identified. See ECF No. 11 (Order filed December 13, 2012).

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Plaintiff also expresses his need to file a “supplemental complaint,” the nature of

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which is not entirely clear to the court. Plaintiff contends that this supplemental complaint is

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necessary to present “[f]acts and legal claims that are connected to the same claims already
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screened by the Court.” ECF No. 17 at 3. The present case must proceed on the basis of a single

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complaint. To the extent that plaintiff’s supplemental allegations relate to the HDSP claims

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addressed in the previous order, they should be included in the amended complaint and not

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submitted in a separate document. To the extent the supplemental allegations involve matters

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beyond the scope of amendment previously permitted, such as dismissed claims relating to

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medical care at other institutions, they should not be filed in this case. Any “supplemental

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complaint” containing such material will be stricken from the docket. As plaintiff has already

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been advised, claims against defendants at prisons other than HDSP must be pursued in a

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separate action.

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Good cause appearing, IT IS HEREBY ORDERED that plaintiff’s January 18,

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2013 motion for an extension of time (ECF No. 17) is granted in part. Plaintiff shall file an

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amended complaint on or before April 10, 2013.

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DATED: February 6, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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