Lee v. Owens

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 6/12/2017 ORDERING Plaintiff to file amended complaint as outlined in 5/26/2017 screening order within 30 days from the service of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BEN LEE,

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Plaintiff,

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No. 2:16-cv-0123 JAM AC P

v.

ORDER

KEN OWENS,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. By

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order filed May 26, 2017, plaintiff’s complaint was screened and he was given the option to

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proceed immediately on his Eighth Amendment claim against defendant Owens or to amend the

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complaint. ECF No. 6. Plaintiff has now notified the court that he would like to amend the

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complaint. ECF No. 9.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff shall have thirty days from the service of this order to file an amended

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complaint as outlined in the May 26, 2017 screening order. If plaintiff fails to file an amended

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complaint, the case will proceed on the original complaint as screened and the negligence claim

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against defendant Owens will remain dismissed without prejudice.

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2. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint

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form used in this district.

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DATED: June 12, 2017

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