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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRED WILSON,

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No. 2:16-cv-0219 JAM AC P
Plaintiff,

v.

ORDER

ROBERT FOX, 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 November 17, 2017, plaintiff’s first amended complaint was screened and he was

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given the option to proceed immediately on his deliberate indifference claims against defendants

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Saukhla, Osman, and Sanders or to amend the complaint. ECF No. 26 at 9. Plaintiff has now

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notified the court that he would like to amend the complaint. ECF No. 27.

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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 a second amended

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complaint as outlined in the November 17, 2017 screening order. If plaintiff does not file an

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amended complaint, the case will proceed on the first amended complaint as screened and the

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failure to amend will be considered a voluntarily dismissal of all of the claims against defendants

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Fox, Collins, Bick, Ditomas, and Jenden and of the § 1985 and § 1986 claims against Saukhla,

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Osman, and Sanders 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.
SO ORDERED.
DATED: December 6, 2017

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