Young v. Qureshi

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 12/13/16 ordering that within 14 days of the date of this order, plaintiff shall inform the court whether he wishes to proceed with this action. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY GEROME YOUNG,

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No. 2:15-cv-2674 KJN P

Plaintiff,
v.

ORDER

MUHAMMAD QURESHI,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On December 28, 2015, plaintiff filed a motion for a preliminary injunction.

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(ECF No. 1.) On January 14, 2016, the undersigned denied the motion for injunctive relief, and

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ordered plaintiff to file a complaint within thirty days. (ECF No. 3.) On February 16, 2016,

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plaintiff filed an amended complaint. (ECF No. 5.) The amended complaint is pending before

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the court.

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On July 26, 2016, plaintiff filed a motion for voluntary dismissal of this action. (ECF No.

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7.) In this motion, plaintiff states that he has received no response from the court to his amended

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complaint. Plaintiff states that he is requesting dismissal of this action because he fears that his

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issues will be lost for lack of prosecution.

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Plaintiff is informed that the court has reviewed the amended complaint and finds that it
states potentially colorable claims for relief. However, before the court orders service of the
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complaint and addresses plaintiff’s application to proceed in forma pauperis, plaintiff must inform

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the court whether he wants to proceed with this action.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this

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order, plaintiff shall inform the court whether he wishes to proceed with this action.

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Dated: December 13, 2016

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youn2674.59

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