Johnson v. CMF et al

Filing 10

ORDER signed by Magistrate Judge Dale A. Drozd on 10/8/2015 ORDERING plaintiff's first amended complaint is deemed timely-filed. Plaintiff's 8 motion for a court order requiring California Medical Facility to make copies is DENIED as moot. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JACKIE M. JOHNSON,

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Plaintiff,

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No. 2:15-cv-1609 DAD P

v.

ORDER

CALIFORNIA MEDICAL FACILITY,
et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. By order filed August 10, 2015, the court dismissed

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plaintiff’s initial complaint, but granted plaintiff leave to file an amended complaint within thirty

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days. (ECF No. 4.) On September 3, 2015, plaintiff filed a motion seeking a court order

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directing personnel at California Medical Facility to allow plaintiff to make copies necessary for

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the filing of his amended complaint.1 (ECF No. 8.) On September 8, 2015, plaintiff filed an

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amended complaint with the court. (ECF No. 9.) The court will deem this amended complaint

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timely-filed, and, as it appears that plaintiff no longer requires a court order in order to file an

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amended complaint, deny the outstanding motion as having been rendered moot.

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In his order, plaintiff appeared concerned that, pursuant to Local Rule 130, plaintiff had to
present his pleadings to the court on paper with numbered lines. In light of the constraints under
which California state prisons operate, the court does not enforce this requirement in prisoner
civil rights and habeas cases.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s first amended complaint (ECF No. 9) is deemed timely-filed.

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2. Plaintiff’s motion for a court order requiring California Medical Facility to make

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copies is denied as moot.
Dated: October 8, 2015

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DAD:10
john1609.copies.deny

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