Cida v. Lee et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/15/14 ORDERING that Plaintiffs request for an extension of time 11 is partially granted; and Plaintiff is granted 60 days in which to file an amended complaint. No further extensions of time will be granted.(Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ADRIAN CIDA,
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No. 2:13-cv-2289 KJN P
Plaintiff,
v.
ORDER
BONNIE LEE, M.D., et al.,
Defendants.
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Plaintiff has filed his second request for 120 day extension of time to file an amended
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complaint pursuant to the court’s order of May 12, 2014. On June 26, 2014, plaintiff was granted
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an additional sixty days in which to file an amended complaint. In his current request, plaintiff
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states that he has very limited access to the law library at High Desert State Prison (“HDSP”); the
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law library will not provide printed cases to enable plaintiff to review them in his cell; and that he
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is awaiting pharmacy records relevant to his case, which he will use as exhibits.
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In the May 12, 2014 screening order, plaintiff was informed of the legal standards
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governing an Eighth Amendment medical claim. (ECF No. 4.) In his amended complaint,
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plaintiff is not required to argue case law; rather, plaintiff is required to provide specific factual
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allegations that demonstrate how each named defendant was deliberately indifferent to plaintiff’s
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serious medical needs. Moreover, plaintiff is not required to provide evidence or exhibits to
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prove such claims. Rather, plaintiff must provide the facts supporting his claim that the named
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individual acted, or failed to act, with a culpable state of mind. The amended complaint must
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allege in specific terms how each named defendant allegedly violated plaintiff’s constitutional
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rights.
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As plaintiff was previously informed, the court is unable to grant plaintiff an additional
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four months in which to file an amended complaint. Plaintiff is responsible for diligently
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prosecuting this case. Therefore, plaintiff’s request is partially granted. However, no further
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extensions of time will be granted. Failure to timely file an amended complaint within sixty days
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from the date of this order will result in a recommendation that this action be dismissed.
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IT IS HEREBY ORDERED that:
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1. Plaintiff’s request for an extension of time (ECF No. 11) is partially granted; and
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2. Plaintiff is granted sixty days in which to file an amended complaint. No further
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extensions of time will be granted.
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Dated: September 15, 2014
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