Joseph v. Hawkins, et al

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/16 ordering within 30 days from the date of this order, defendant Hawkins shall file a response to the third amended complaint. The findings and recommendations 11 are vacated. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALONZO JOSEPH,

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Plaintiff,

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No. 2:15-cv-0332 JAM KJN P

v.

ORDER

DR. R. HAWKINS,

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Defendant.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with an action filed

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pursuant to 42 U.S.C. § 1983. On March 18, 2016, the undersigned recommended that plaintiff’s

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second amended complaint be dismissed without prejudice. Plaintiff filed objections, and on

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April 22, 2016, the findings and recommendations were held in abeyance pending screening of

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plaintiff’s third amended complaint.

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The third amended complaint states a potentially cognizable Eighth Amendment claim for

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relief against defendant Dr. Hawkins pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If

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the allegations of the amended complaint are proven, plaintiff has a reasonable opportunity to

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prevail on the merits of this action. Therefore, the findings and recommendations are vacated,

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and defendant Hawkins is directed to file a responsive pleading within thirty days from the date

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of this order.

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

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1. Within thirty days from the date of this order, defendant Hawkins shall file a response

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to the third amended complaint.
2. The findings and recommendations (ECF No. 11) are vacated.
Dated: October 24, 2016

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/jose0332.1amd3

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