Kabede v. Brown et al

Filing 15

ORDER signed by Magistrate Judge Deborah Barnes on 05/30/17 ordering that within 30 days of the date of this order, plaintiff shall file an amended complaint in compliance with the court's order filed on 2/22/17. (Plummer, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WONDIYRAD KABEDE, 12 Plaintiff, 13 14 15 v. No. 2:16-cv-1765 JAM DB P ORDER GARY BROWN, et al., Defendants. 16 17 Plaintiff is a state prison proceeding pro se and in forma pauperis with this action under 42 18 U.S.C. § 1983. Plaintiff alleges an Eighth Amendment claim based on his medical care and First 19 Amendment claims for retaliation and regarding his legal mail. 20 By order filed February 22, 2017, plaintiff’s complaint was dismissed and thirty days 21 leave to file an amended complaint was granted. In an order filed April 4, 2017, plaintiff was 22 given another thirty days to file an amended complaint. Plaintiff sought reconsideration of the 23 February 22 order. By order filed April 20, 2017, the motion for reconsideration was denied and 24 plaintiff was provided an additional thirty days to file an amended complaint. Thirty days from 25 that date have now passed, and plaintiff has not filed an amended complaint, or otherwise 26 responded to the court’s order. 27 28 Plaintiff was warned in the February 22 and April 4 orders that his failure to file an amended complaint in accordance with the February 22 order might result in a recommendation 1 1 that this action be dismissed. Plaintiff will be given one final opportunity to file an amended 2 complaint. 3 Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order 4 plaintiff shall file an amended complaint in compliance with the court’s order filed on February 5 22, 2017. If plaintiff fails to file a timely amended complaint, this court will recommend that this 6 action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 7 Dated: May 30, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DLB:9 DLB1/prisoner-civil rights/Kabe1765.fta2 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?