Sneed v. Faulk

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/15 ORDERING that Plaintiffs request for court assistance construed as a request for additional time to file an amended complaint (Doc. No. 18 ) is GRANTED; and Plaintiff shall file an amended complaint within 35 days of the date of this order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONNIE KAY SNEED,

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No. 2:15-cv-0572 TLN KJN P (TEMP)

Plaintiff,
v.

ORDER

HDSP MEDICAL STAFF et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.

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§ 1983. On October 20, 2015, then-Magistrate Judge Dale A. Drozd dismissed plaintiff’s

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complaint and granted him thirty days leave to file an amended complaint. Plaintiff has not filed

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an amended complaint. He has, however, filed a request for court assistance. According to

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plaintiff, he recently transferred from High Desert State Prison to Folsom State Prison and back to

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High Desert State Prison, but prison officials have not released all of his legal materials to him.

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Under these circumstances, the court will construe plaintiff’s request as a request for an

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extension of time to file his amended complaint. If plaintiff still has not received his legal

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materials, he is advised that he should pursue an inmate appeal at his institution of incarceration

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regarding this issue. See Cal. Code Regs. tit. 15, § 3084.1(a) (prisoners may appeal “any policy,

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decision, action, condition, or omission by the department or its staff that the inmate or parolee

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can demonstrate as having a material adverse effect upon his or her health, safety, or welfare.”).
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Finally, plaintiff is advised that any amended complaint he elects to file does not need to

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include legal citations or legal analysis. Rather, Rule 8(a)(2) of the Federal Rules of Civil

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Procedure “requires only ‘a short and plain statement of the claim showing that the pleader is

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entitled to relief,’ in order to ‘give the defendant fair notice of what the . . . claim is and the

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grounds upon which it rests.’” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)

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(quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). In this regard, on the form complaint the

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court recently provided to plaintiff, plaintiff should simply identify the defendants in this case and

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describe with specific factual allegations how each defendant has deprived him of his

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constitutional rights.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for court assistance construed as a request for additional time to file

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an amended complaint (Doc. No. 18) is granted; and

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2. Plaintiff shall file an amended complaint within thirty-five days of the date of this

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order.

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Dated: December 3, 2015

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snee0572.36amc

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