Ellis v. Foulk, et al.

Filing 17

ORDER signed by Magistrate Judge Allison Claire on 09/23/15 ordering that plaintiff shall file a third amended complaint within 30 days of the filing of this order. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT ELLIS, 12 No. 2:14-cv-0802 AC P Plaintiff, 13 v. 14 F. FOULK, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prison proceeding without counsel, seeks relief pursuant to 42 U.S.C. § 18 1983. Plaintiff has consented to the jurisdiction of the undersigned magistrate judge for all 19 purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). ECF No. 7. By order filed 20 August 5, 2015, plaintiff’s second amended complaint was dismissed and he was granted thirty 21 days to file a third amended complaint. ECF No. 16. Thirty days from that date have now passed 22 and plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 23 Accordingly, IT IS HEREBY ORDERED that plaintiff shall file a third amended complaint 24 within thirty days of the filing of this order. Failure to file a third amended complaint in 25 accordance with this order will result in dismissal of this action. 26 DATED: September 23, 2015 27 28

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