Higgins v. Barnes, et al.

Filing 22

ORDER signed by Magistrate Judge Edmund F. Brennan on 08/14/13 ordering that plaintiff's request contained within his objections 21 is granted to the extent that the 07/09/13 findings and recommendations are held in abeyance, and plaintiff has 30 days to comply with the court's 05/13/13 order 14 . (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JONATHAN HIGGINS,

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No. 2:13-cv-275-WBS-EFB P

Plaintiff,

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v.

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BARNES, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1).

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On May 13, 2013, the court dismissed plaintiff’s original complaint with leave to amend.

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The dismissal order explained the complaint’s deficiencies, gave plaintiff 30 days to file an

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amended complaint correcting those deficiencies, and warned plaintiff that failure to file an

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amended complaint would result in this action being dismissed. The time for acting passed and

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despite an extension of time, plaintiff failed to file an amended complaint. Accordingly, on July

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9, 2013, the undersigned issued findings and recommendations recommending that this action be

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dismissed. On July 22, 2013, plaintiff filed objections to the findings and recommendations, in

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which he requests and extension of time to file his amended complaint and complains about lack

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of access to the law library. Plaintiff will be granted the requested extension of time to file his
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amended complaint. Plaintiff should note, however, that filing an amended complaint should not

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require extensive research. To file an amended complaint in accordance with the court’s order,

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plaintiff need only submit a short and plain statement of his claim showing that he is entitled to

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relief. An amended complaint should not include legal citations and need not contain

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unnecessarily detailed factual allegations.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request contained within his

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objections (ECF No. 21) is granted to the extent that the July 9, 2013 findings and

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recommendations are held in abeyance, and plaintiff has 30 days to comply with the court’s May

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13, 2013 order (ECF No. 14). Should plaintiff fail to timely comply, those findings and

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recommendations will be submitted to the district judge for consideration.

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Dated: August 14, 2013.

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