Sims v. Lizarraga et al

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 8/17/2017 ORDERING plaintiff shall have 30 days to file an amended complaint as outlined in the 7/24/2017 screening order. If plaintiff fails to file an amended complaint, the case will proceed on the original complaint as screened. The Clerk shall send plaintiff a prisoner complaint form. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARIUS SIMS,

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No. 2:16-cv-0204 AC P
Plaintiff,

v.

ORDER

JOE A. LIZARRAGA, et al.,
Defendants.

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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 July 24, 2017, plaintiff’s complaint was screened and he was given the option to

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proceed immediately on his deliberate indifference claims against defendants Clark-Barlow and

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Guzman and his retaliation claims against defendants Sisneroz, Guzman, Saechao, and Collins or

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to amend the complaint. ECF No. 18. Plaintiff has now notified the court that he would like to

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amend the complaint. ECF No. 21 at 2.

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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 July 24, 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 claims against

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defendants Ramm, Ball, Lee, Lizarraga, Davis, Cantu, Murphy, O’Conner, Moeckly, Green,

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Beasley, and Sepulveda and any claims against defendants Clark-Barlow, Sisneroz, Guzman,
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Saechao, and Collins not identified in Section IV of the screening order will remain dismissed

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without prejudice.

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2. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint
form used in this district.
IT IS SO ORDERED.
DATED: August 17, 2017

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