Taylor v. Banner Lassen Medical Center et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/14 ordering plaintiff's amended complaint is dismissed with 30 days to file a second amended complaint on the complaint form provided by the clerk of the court. The clerk of the court shall send plaintiff the form for a civil rights complaint pursuant to 42 USC 1983. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRANDON TAYLOR,

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Plaintiff,

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No. 2: 14-cv-2163 KJN P

v.

ORDER

BANNER LASSEN MEDICAL CENTER,
et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On October 23, 2014, the undersigned dismissed plaintiff’s complaint with

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leave to amend. (ECF No. 7.) On October 31, 2014, plaintiff filed a pleading with the court

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which he calls “amended complaint.” (ECF No. 11.) This document is a 1 ½ page letter to the

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court in which plaintiff alleges that defendants violated his constitutional rights.
Federal Rule of Civil Procedure 8 provides that a complaint must contain a short and plain

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statement of the claim for relief and a demand for relief. Plaintiff’s amended complaint does not

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comply with Rule 8 as it does not contain a statement of the claim for relief or a demand for

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relief. For these reasons, the amended complaint is dismissed with leave to file a second

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amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s amended complaint is dismissed with thirty days to file a second amended

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complaint on the complaint form provided by the Clerk of the Court; failure to file a second

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amended complaint within that time will result in dismissal of this action; and

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2. The Clerk of the Court is directed to send plaintiff the form for a civil rights complaint

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pursuant to 42 U.S.C. § 1983.

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Dated: December 12, 2014

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Tay2163.ord

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