Govea v. Fox et al.

Filing 17

ORDER signed by Magistrate Judge Deborah Barnes on 12/20/2018 GRANTING Plaintiff 30 days from the date of service of this order to file an amended complaint. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RONNIE R. GOVEA,

12

Plaintiff,

13
14

No. 2:15-cv-2545 DB P

v.

ORDER

ROBERT W. FOX, et al.,

15

Defendants.

16
17

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

18

under 42 U.S.C. § 1983. Plaintiff claims defendants failed to provide him with adequate medical

19

treatment in violation of the Eighth Amendment.
By order dated December 3, 2018, the court screened plaintiff’s first amended complaint.

20
21

(ECF No. 15.) The court found plaintiff stated an Eighth Amendment claim against defendants

22

Fox, Clark, Bick, Lewis, and the ten Doe defendant members of the Institutional Utilization

23

Management Committee. The court also found plaintiff failed to state an Eighth Amendment

24

claim against defendant Wolfson and dismissed plaintiff’s state law negligence claim for failure

25

to comply with the California Government Claims Act. Plaintiff was given the option to proceed

26

on the complaint as screened or to file an amended complaint. Plaintiff has informed the court

27

that he wishes to file an amended complaint. (ECF No. 16.)

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Plaintiff is granted thirty days from the date of service of this order to file an amended

3

complaint that complies with the court’s December 3, 2018 screening order (ECF No.

4

15), the Federal Rules of Civil Procedure, and the Local Rules of Practice.

5
6
7

2. The amended complaint must bear the docket number assigned to this case and must be
labeled “Second Amended Complaint.”
3. Failure to comply with this order will result in a recommendation that this action be

8

dismissed.

9

Dated: December 20, 2018

10
11
12

DLB:12
DLB:1/Orders/prisoner-civil rights/gove2545.Amd

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2