Jones v. Kuppinger et al

Filing 40

ORDER signed by Magistrate Judge Allison Claire on 07/29/14 ordering defendants must within 30 days file their response to plaintiff's motion for leave to file a second amended complaint and proposed second amended complaint 29 , 30 and plaintiff will have 30 days following service of defendants' response to his motion for leave to amend to file any reply. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY A. JONES,

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No. 2:13-cv-0451 WBS AC P

Plaintiff,
v.

ORDER

P. KUPPINGER, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S. § 1983.

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By Order filed on June 27, 2014, defendants’ motion to revoke plaintiff’s in forma pauperis status

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was granted pursuant to the three-strikes provision of 28 U.S.C. § 1915(g). ECF No. 37

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(adopting the May 16, 2014 Findings and Recommendations at ECF No. 34). Plaintiff was

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therefore required to pay the full filing fee within thirty days to proceed in this action. Id. The

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case docket demonstrates that plaintiff paid the required filing fee in full even before the June 27

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Order issued.

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Just prior to the adjudication of defendants’ motion to revoke IFP, plaintiff had filed, on

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May 5, 2014, a motion for leave to file a second amended complaint and a proposed second

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amended complaint. ECF Nos. 29, 30. By Order filed on May 16, 2014, defendants’ obligation

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to respond to the motion to amend was suspended pending resolution of plaintiff’s in forma

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pauperis status. That matter has now been resolved.

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Accordingly, IT IS ORDERED that:

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1. Defendants must within thirty days file their response to plaintiff’s motion for leave to

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file a second amended complaint and proposed second amended complaint, ECF Nos.

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29, 30; and

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2. Plaintiff will have thirty days following service of defendants’ response to his motion
for leave to amend to file any reply.
DATED: July 29, 2014

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