Anderson v. California Medical Facility - Solano

Filing 33

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/28/2016 VACATING the court's 10/4/2016 findings and recommendations 31 ; plaintiff's complaint is DISMISSED; the supplemental complaint filed on 9/30/2016 is STRICKEN; and plaintiff has 30 days to file a third amended complaint. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JULIUS ANDERSON,

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Plaintiff,

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No. 2:16-cv-0018 TLN CKD P

v.

ORDER

CALIFORNIA MEDICAL FACILITY, et
al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §

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1983. On September 30, 2016, plaintiff filed a supplement to his operative complaint. Local

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Rule 220 requires that all pleadings be complete documents without reference to any prior

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pleading. Therefore, plaintiff’s supplemental pleading will be stricken. However, the court will

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give plaintiff leave to file a third amended complaint. Plaintiff must include all of his claims in

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his third amended complaint and failure to file a third amended complaint will result in dismissal.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1.

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2. Plaintiff’s complaint is dismissed.

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3. The supplemental complaint filed by plaintiff on September 30, 2016 is stricken.

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The court’s October 4, 2016 findings and recommendations are vacated.

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4. Plaintiff is granted thirty days from the date of service of this order to file a third

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amended complaint that complies with the requirements of the Civil Rights Act, the

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Federal Rules of Civil Procedure, and the Local Rules of Practice. The third amended

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complaint must contain all of plaintiff’s claims, bear the docket number assigned this

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case and must be labeled “Third Amended Complaint.” Failure to file a third amended

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complaint in accordance with this order will result in a recommendation that this

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action be dismissed.

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Dated: October 28, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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ande0018.tac

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