Logan v. Gamboa

Filing 45

ORDER signed by Magistrate Judge Allison Claire on 6/9/2017 DENYING AS MOOT 44 Motion to Amend the Complaint. Plaintiff to file amended complaint within 30 days from service of this order. (Henshaw, R)

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  1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES DAVID LOGAN, II, 12 Plaintiff, 13 14 17 ORDER v. D.L. GAMBOA, et al., 15 16 2:16-cv-2020 AC P Defendants.   Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. He has consented to the jurisdiction of the undersigned magistrate judge for all 19 purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). ECF No. 5. 20 By order filed on May 24, 2017, plaintiff was given a final thirty days to file an amended 21 complaint after failing to comply with the court’s previous order. ECF No. 40. Plaintiff has now 22 filed a motion to amend and request for a complaint form. ECF No. 44. The motion to amend is 23 denied as moot in light of the opportunity already given to amend, but the request for a complaint 24 form will be granted. 25 In drafting his amended complaint, plaintiff should look at the screening order (ECF No. 26 31) and is reminded that all the claims he wishes to make must be in the amended complaint. 27 Plaintiff is informed that there will be no more extensions of time granted to him by this court to 28 file the first amended complaint. Therefore, if the amended complaint is not filed within the 1   1 allotted thirty days, plaintiff’s case will be dismissed. 2 In accordance with the above, IT IS HEREBY ORDERED that: 3 1. Plaintiff’s motion to amend (ECF No. 44) is denied as moot. 4 2. Plaintiff has thirty days from service of this order to file an amended complaint. 5 Failure to file an amended complaint will result in dismissal of this action without further 6 warning. 7 3. Plaintiff’s request for a complaint form is granted. The Clerk of the Court is directed 8 to send plaintiff a copy of the prisoner complaint form used in this district. 9 DATED: June 9, 2017 10   11 12 13 14   15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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