Wilson v. Fox et al

Filing 28

ORDER signed by Magistrate Judge Allison Claire on 12/06/17 ORDERING plaintiff shall have 30 days from the service of this order to file a second amended complaint as outline in the 11/17/17 screening order. The clerk of the court is directed to send plaintiff a copy of the prisoner complaint form used in this district.(Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRED WILSON, 12 13 14 15 No. 2:16-cv-0219 JAM AC P Plaintiff, v. ORDER ROBERT FOX, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. By 18 order filed November 17, 2017, plaintiff’s first amended complaint was screened and he was 19 given the option to proceed immediately on his deliberate indifference claims against defendants 20 Saukhla, Osman, and Sanders or to amend the complaint. ECF No. 26 at 9. Plaintiff has now 21 notified the court that he would like to amend the complaint. ECF No. 27. 22 Accordingly, IT IS HEREBY ORDERED that: 23 1. Plaintiff shall have thirty days from the service of this order to file a second amended 24 complaint as outlined in the November 17, 2017 screening order. If plaintiff does not file an 25 amended complaint, the case will proceed on the first amended complaint as screened and the 26 failure to amend will be considered a voluntarily dismissal of all of the claims against defendants 27 Fox, Collins, Bick, Ditomas, and Jenden and of the § 1985 and § 1986 claims against Saukhla, 28 Osman, and Sanders without prejudice. 1 1 2 3 4 2. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint form used in this district. SO ORDERED. DATED: December 6, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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