King v. Ashley et al

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 1/23/15 ORDERING that plaintiff's amended complaint is DISMISSED with 30 days to file a second amended complaint.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. KING,

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Plaintiff,

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No. 2:14-cv-1306 KJN P

v.

ORDER

AARON ASHLEY, et al.,

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Defendants.

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Plaintiff is a former state prisoner, proceeding without counsel and in forma pauperis.

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Plaintiff’s first amended complaint is before the court. However, plaintiff subsequently filed an

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addendum to the amended complaint. As plaintiff was previously informed, an amended

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complaint must be complete in and of itself. Accordingly, plaintiff is granted leave to file a

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second amended complaint that contains all of his allegations against all of the defendants named

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therein. Plaintiff need not append exhibits; the exhibits appended to his first amended complaint

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and submitted on January 20, 2015, remain a part of the court record, and any party may refer to

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such exhibits. (ECF Nos. 10 at 21-27; 14 at 2-47.)

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On January 20, 2015, plaintiff filed a request for status conference and trial date now that

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he is no longer incarcerated. Plaintiff’s request is premature. Once a complete second amended

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complaint is on file, the court will screen the complaint pursuant to 28 U.S.C. § 1915A(a), and an

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order will issue addressing how the instant case will proceed. At this time, plaintiff is not

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required to serve defendants.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s first amended complaint is dismissed; and

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2. Within thirty days from the date of this order, plaintiff shall complete the attached

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Notice of Amendment and submit the following documents to the court:

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a. The completed Notice of Amendment; and

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b. An original Second Amended Complaint.

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Plaintiff’s second amended complaint shall comply with the instant and prior orders of this court,

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the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local

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Rules of Practice. The second amended complaint must also bear the docket number assigned to

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this case and must be labeled “Second Amended Complaint.” Failure to file a second amended

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complaint in accordance with this order may result in the dismissal of this action.

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Dated: January 23, 2015

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/king1306.14b

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. KING,

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No. 2:14-cv-1306 KJN P
Plaintiff,

v.

NOTICE OF AMENDMENT

AARON ASHLEY, et al.,

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Defendants.

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Plaintiff hereby submits the following document in compliance with the court's order
filed______________.
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Amended Complaint

DATED:

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________________________________
Plaintiff

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