Pereira v. California Department of Corrections and Rehabilitation et al

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 10/19/2016 ORDERING, within 21 days, plaintiff shall file with the court a proposed First Amended Complaint. The Clerk shall serve, together with this order (1) a copy of the 9/9/2016 order and (2) a copy of the civil rights complaint form.(Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RONALD PEREIRA,

12

Plaintiff,

13
14
15

No. 2:16-cv-1870 AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

16

Defendants.

17
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights

18
19

action filed pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of the

20

undersigned Magistrate Judge for all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule

21

305(a). See ECF No. 6.
By order filed September 9, 2016, this court dismissed plaintiff’s original complaint with

22
23

leave to file a proposed First Amended Complaint (FAC), and provided guidance to plaintiff in

24

drafting cognizable legal claims based on his factual allegations. See ECF No. 7. On September

25

19, 2016, plaintiff submitted notice to this court that he intended to proceed on a proposed FAC.

26

See ECF No. 10. However, plaintiff did not submit, and has not yet submitted, a proposed FAC.

27

////

28

////
1

1
2

Plaintiff will be accorded additional time to file a proposed FAC. If plaintiff fails to
timely file a FAC, this action will be dismissed without prejudice.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. Within twenty-one (21) days after service of this order, plaintiff shall file with the

5

court a proposed First Amended Complaint.

6

2. The Clerk of the Court is directed to serve plaintiff, together with a copy of this order,

7

with the following: (1) a copy of the court’s order filed September 9, 2016; and (2) a copy of the

8

form complaint used by prisoners in this district to pursue a civil rights action.

9

3. Plaintiff’s failure to timely file a proposed First Amended Complaint will result in the

10

dismissal of this action without prejudice.

11

DATED: October 19, 2016

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2