Elder v. Swarthout

Filing 18

ORDER signed by Magistrate Judge Deborah Barnes on 4/17/2017 ORDERING plaintiff to file an amended complaint within 30 days. Plaintiff is warned that failure to file an amended complaint in accordance with the 3/7/2017 order will result in a recommendation that this case be dismissed.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COREY JEROME ELDER,

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Plaintiff,

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v.

No. 2:14-cv-0892 WBS DB P

ORDER

GARY SWARTHOUT,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action under 42 U.S.C. § 1983. Plaintiff challenges a prison disciplinary proceeding that resulted

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in a loss of 180 days good time credits. Upon screening, the court found plaintiff failed to state a

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potentially cognizable claim and gave plaintiff thirty days to file an amended complaint. (Mar. 7,

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2017 Order (ECF No. 15).) Thirty days have passed and plaintiff has not filed an amended

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complaint or otherwise responded to the court’s March 7 order. Plaintiff will be given one more

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opportunity to amend his complaint.

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Accordingly, IT IS HEREBY ORDERED that plaintiff shall file an amended complaint

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within thirty days of service of this order. Plaintiff is warned that his failure to file an amended

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complaint in accordance with the March 7 order will result in a recommendation that this case be

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dismissed. See E.D. Cal. R. 110; Fed. R. Civ. P. 41.

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DATED: April 17, 2017

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DLB1/prisoner-civil rights/elde0892.fta or

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