Hicks v. Lizarrage et al

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/17/2017 ORDERING the plaintiff to comply with the 8 Screening Order within 30 days; CAUTIONING the plaintiff that a failure to timely comply with this order will result in the submission of the 11 Findings and Recommendations to the district judge for consideration; DIRECTING the Clerk of Court to re-serve the plaintiff with a copy of the 8 Screening Order. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL HICKS,

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No. 2:16-cv-0453-JAM-EFB P

Plaintiff,
v.

ORDER

J. LIZARRAGA, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On April 3, 2017, the court issued findings and recommendations, which

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recommended dismissal of this action after plaintiff failed to file an amended complaint in

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accordance with the court’s February 24, 2017 screening order. ECF No. 11.

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On May 15, 2017, plaintiff filed objections to the findings and recommendations, stating

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that because of a transfer to another prison, he had only recently received the court’s findings and

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recommendations. He also states that he never received the court’s February 24, 2017 screening

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order and requests a copy of the order, along with a copy of his 94-page complaint. ECF No. 12.

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In an abundance of caution, the court will grant plaintiff an extension of time to comply

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with the court’s February 24, 2017 screening order. Plaintiff may obtain a copy of his original

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complaint from the Clerk’s Office at fifty cents a page. The court also notes that filing an

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amended complaint should not require extensive research. An amended complaint should not

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include legal citations and need not contain unnecessarily detailed factual allegations.

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Accordingly, IT IS HEREBY ORDERED that plaintiff has 30 days from the date of this

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order to comply with the court’s February 24, 2017 screening order. Should plaintiff fail to

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timely comply, the findings and recommendations will be submitted to the district judge for

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consideration. In an abundance of caution, the Clerk of the Court shall re-serve plaintiff with a

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copy of the court’s February 24, 2017 screening order (ECF No. 8).

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DATED: May 17, 2017.

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