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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WONDIYRAD KABEDE,

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Plaintiff,

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v.

No. 2:16-cv-1765 JAM DB P

ORDER

GARY BROWN, et al.,
Defendants.

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Plaintiff is a state prison proceeding pro se and in forma pauperis with this action under 42

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U.S.C. § 1983. Plaintiff alleges an Eighth Amendment claim based on his medical care and First

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Amendment claims for retaliation and regarding his legal mail.

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By order filed February 22, 2017, plaintiff’s complaint was dismissed and thirty days

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leave to file an amended complaint was granted. In an order filed April 4, 2017, plaintiff was

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given another thirty days to file an amended complaint. Plaintiff sought reconsideration of the

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February 22 order. By order filed April 20, 2017, the motion for reconsideration was denied and

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plaintiff was provided an additional thirty days to file an amended complaint. Thirty days from

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that date have now passed, and plaintiff has not filed an amended complaint, or otherwise

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responded to the court’s order.

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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
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that this action be dismissed. Plaintiff will be given one final opportunity to file an amended

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complaint.

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Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order

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plaintiff shall file an amended complaint in compliance with the court’s order filed on February

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22, 2017. If plaintiff fails to file a timely amended complaint, this court will recommend that this

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action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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Dated: May 30, 2017

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DLB:9
DLB1/prisoner-civil rights/Kabe1765.fta2

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