Johnson v. Beard

Filing 34

ORDER signed by Magistrate Judge Kendall J. Newman on 1/17/2019 IT IS HEREBY ORDERED that plaintiff is granted twenty-one days from the date of this order in which to file a second amended complaint. Failure to file a second amended complaint will result in the dismissal of this action. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL DAVID JOHNSON,

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Plaintiff,

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v.

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No. 2:15-cv-1313 TLN KJN P

ORDER

J.A. BEARD, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C.

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§ 1983. On November 5, 2018, plaintiff was granted thirty days in which to file a second

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amended complaint that complies with the March 20, 2018 order. On December 20, 2018, the

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United States Court of Appeals for the Ninth Circuit held that it lacked jurisdiction over

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plaintiff’s appeal because the order challenged was not final or appealable. (ECF No. 31.) In

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light of the Circuit’s order, plaintiff is granted one final extension of time in which to file a

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second amended complaint that complies with the March 20, 2018 order. (ECF No. 19.) Failure

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to file his pleading in response to this order will result in the dismissal of this action. Fed. R. Civ.

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P. 41(b).1

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Rule 41(b) of the Federal Rules of Civil Procedure provides:

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Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or
to comply with these rules or a court order, a defendant may move to
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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted twenty-one days from

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the date of this order in which to file a second amended complaint. Failure to file a second

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amended complaint will result in the dismissal of this action.

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Dated: January 17, 2019

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/cw/john1313.ext2

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dismiss the action or any claim against it. Unless the dismissal order
states otherwise, a dismissal under this subdivision (b) and any
dismissal not under this rule--except one for lack of jurisdiction,
improper venue, or failure to join a party under Rule 19--operates as
an adjudication on the merits.

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Id.
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