Harrell v. Hornbrook Community Services District, et al.

Filing 56

ORDER signed by Magistrate Judge Gregory G. Hollows on 03/28/16 GRANTING Plaintiff 30 days from the date of service of this order to file an amended complaint that complies with the requirements of the FRCP, and the Local Rules of Practice. The ame nded complaint must bear the docket number assigned this case and must be labeled "Second Amended Complaint." Plaintiff must file an original and 2 copies of the amended complaint. Failure to file an amended complaint will result in a recommendation that this action be dismissed. (Jackson, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER T. HARRELL,

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Plaintiff,

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No. 2:14-cv-01595-KJM-GGH

v.

ORDER

HORNBROOK COMMUNITY
SERVICES DISTRICT, et al.,
Defendants.

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Plaintiff, Peter T. Harrell, is proceeding in this action pro se and in forma pauperis
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pursuant to 28 U.S.C. §1915. The case was referred to the undersigned in accordance with Local
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Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On September 10, 2015, the undersigned issued
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findings recommending that defendants’ (1) motions to dismiss (ECF Nos. 14, 35) be granted
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with leave to amend; and (2) defendants’ motions to strike (ECF Nos. 14, 35) be denied without
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prejudice to renewal if brought as separate motions after plaintiff amends the complaint. ECF
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No. 50. On March 22, 2016, the presiding district judge adopted the undersigned’s findings and
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recommendations with the exception that plaintiff is not granted leave to add Jason J. Sommers
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and Robert W. Lucas as defendants in any amended complaint. ECF No. 55.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days from the date of service of this order to file an amended

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complaint that complies with the requirements of the Federal Rules of Civil Procedure, and the

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Local Rules of Practice; the amended complaint must bear the docket number assigned this case

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and must be labeled “Second Amended Complaint;” plaintiff must file an original and two copies

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of the amended complaint; failure to file an amended complaint will result in a recommendation

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that this action be dismissed.

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2. Plaintiff may, but is not required to, utilize the Pro Se Forms provided on the U.S.

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Courts website to draft his Second Amended Complaint, at http://www.uscourts.gov/forms/pro-

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se-forms. The court recommends that plaintiff, in particular, review Pro Se Form 15, Complaint

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for Violation of Civil Rights (Non-Prisoner).

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Dated: March 28, 2016

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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/GGH17; harr1595.amend

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