Clark v. Herrera et al

Filing 16

ORDER signed by Magistrate Judge Dale A. Drozd on 12/11/14 denying 15 Motion to Amend the Complaint. Within 30 days of the date of service of this order, plaintiff shall file an amended complaint that complies with this court's 08/05/14 screening order 9 , the Civil Rights ACt, the Federal Rules of Civil Procedure and the Local rules of Practice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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QUINTERRIOUS CLARK,

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Plaintiff,

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v.

No. 2:13-cv-1885 JAM DAD P

ORDER

M. HERRERA et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action seeking relief

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pursuant to 42 U.S.C. § 1983.

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On November 24, 2014, plaintiff filed a motion for leave to amend his complaint.

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Plaintiff’s motion was not, however, accompanied by a proposed amended complaint as required.

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As a prisoner, plaintiff’s pleadings are subject to evaluation by this court pursuant to the in forma

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pauperis statute. See 28 U.S.C. § 1915A. Since plaintiff did not submit a proposed amended

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complaint, the court is unable to evaluate it. In any event, in the court’s prior screening order, the

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court dismissed plaintiff’s original complaint and granted him leave to file an amended

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complaint. As such, no motion for leave to amend by plaintiff is necessary.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for leave to amend (Doc. No. 15) is denied; and

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2. Within thirty days of the date of service of this order, plaintiff shall file an amended

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complaint that complies with this court’s August 5, 2014 screening order (Doc. No. 9), the Civil

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Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. Failure to

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comply with this order will result in a recommendation for dismissal of this action.

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Dated: December 11, 2014

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DAD:9
clar1885.10b

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