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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES DAVID LOGAN, II,

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Plaintiff,

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ORDER

v.
D.L. GAMBOA, et al.,

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2:16-cv-2020 AC P

Defendants.

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. He has consented to the jurisdiction of the undersigned magistrate judge for all

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purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). ECF No. 5.

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By order filed on May 24, 2017, plaintiff was given a final thirty days to file an amended

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complaint after failing to comply with the court’s previous order. ECF No. 40. Plaintiff has now

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filed a motion to amend and request for a complaint form. ECF No. 44. The motion to amend is

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denied as moot in light of the opportunity already given to amend, but the request for a complaint

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form will be granted.

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In drafting his amended complaint, plaintiff should look at the screening order (ECF No.

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31) and is reminded that all the claims he wishes to make must be in the amended complaint.

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Plaintiff is informed that there will be no more extensions of time granted to him by this court to

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file the first amended complaint. Therefore, if the amended complaint is not filed within the
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allotted thirty days, plaintiff’s case will be dismissed.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to amend (ECF No. 44) is denied as moot.

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2. Plaintiff has thirty days from service of this order to file an amended complaint.

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Failure to file an amended complaint will result in dismissal of this action without further

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warning.

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3. Plaintiff’s request for a complaint form is granted. The Clerk of the Court is directed

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to send plaintiff a copy of the prisoner complaint form used in this district.

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DATED: June 9, 2017

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