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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL HICKS, 11 12 13 14 No. 2:16-cv-0453-JAM-EFB P Plaintiff, v. ORDER J. LIZARRAGA, et al., Defendants. 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. On April 3, 2017, the court issued findings and recommendations, which 18 recommended dismissal of this action after plaintiff failed to file an amended complaint in 19 accordance with the court’s February 24, 2017 screening order. ECF No. 11. 20 On May 15, 2017, plaintiff filed objections to the findings and recommendations, stating 21 that because of a transfer to another prison, he had only recently received the court’s findings and 22 recommendations. He also states that he never received the court’s February 24, 2017 screening 23 order and requests a copy of the order, along with a copy of his 94-page complaint. ECF No. 12. 24 In an abundance of caution, the court will grant plaintiff an extension of time to comply 25 with the court’s February 24, 2017 screening order. Plaintiff may obtain a copy of his original 26 complaint from the Clerk’s Office at fifty cents a page. The court also notes that filing an 27 amended complaint should not require extensive research. An amended complaint should not 28 include legal citations and need not contain unnecessarily detailed factual allegations. 1 Accordingly, IT IS HEREBY ORDERED that plaintiff has 30 days from the date of this 2 order to comply with the court’s February 24, 2017 screening order. Should plaintiff fail to 3 timely comply, the findings and recommendations will be submitted to the district judge for 4 consideration. In an abundance of caution, the Clerk of the Court shall re-serve plaintiff with a 5 copy of the court’s February 24, 2017 screening order (ECF No. 8). 6 DATED: May 17, 2017. 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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