Lynn v. California Department of Corrections and Rehabilitation and Employees
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/2015 VACATING the 25 findings and recommendations filed 10/27/2015. Plaintiff shall file an amended complaint no later than 30 days from the date of the filing of this order. Together with a copy of this order, the Clerk shall mail a copy of the court's 9/8/2015 order to plaintiff for his reference. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CALVIN S. LYNN,
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No. 2:14-cv-2690 WBS KJN P
Plaintiff,
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
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U.S.C. § 1983. This action was transferred to this judicial district from the Northern District of
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California. On September 8, 2015, the undersigned filed an order dismissing plaintiff’s complaint
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after screening; plaintiff was therein granted thirty days to file an amended complaint. As
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plaintiff failed to file an amended complaint or otherwise respond to the court’s order, on October
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27, 2015, the court filed findings and recommendations recommending dismissal of this action
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pursuant to Federal Rule of Civil Procedure 41(b). Two days later, plaintiff filed a notice with the
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court providing in pertinent part that plaintiff is “unable to address the Court due to his Churg[]-
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Strauss Syndrome.” (ECF No. 26 at 1.) Plaintiff also claims that he “has been requesting A.D.A.
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American Disability Act certification to present to the court, but has found resistance and non-
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compliance by CDCR.” (sic) (Id.) Together with his notice, plaintiff has filed various medical
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documents which provide that plaintiff suffers from Churg-Strauss Syndrome.
Plaintiff is hereby informed that he need not present certification of a disability under the
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Americans with Disabilities Act in order to proceed with an action herein. He merely needs to
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file a complaint that meets the requirements set forth in the court’s September 8, 2015 order. Out
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of an abundance of caution, the court will vacate the October 27, 2015 findings and
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recommendations and grant plaintiff an additional thirty days in which to file an amended
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complaint. Plaintiff is cautioned that, absent extraordinary circumstances, no further extensions
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of time will be granted, and that his failure to timely file an amended complaint will result in a
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recommendation that this action be dismissed without prejudice.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed October 27, 2015 (ECF No. 25) are vacated.
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2. Plaintiff shall file an amended complaint no later than thirty days from the date of the
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filing of this order. Plaintiff’s failure to timely file an amended complaint will result in a
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recommendation that this action be dismissed without prejudice.
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3. Together with a copy of this order, the Clerk of the Court is directed to mail a copy of
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the court’s September 8, 2015 order (ECF No. 22) to plaintiff for his reference.
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Dated: December 18, 2015
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lynn2690.vac.2nd
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