Wright v. Macomber et al

Filing 24

ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/2018 VACATING the 22 order and 21 findings and recommendations filed 1/23/2018. A separate order screening the third amended complaint will issue.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOMINIC VA’SHON WRIGHT,

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No. 2:16-cv-2054 JAM KJN P

Plaintiff,
v.

ORDER

JEFF MACOMBER, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On November 1, 2017, the undersigned issued an order screening plaintiff’s

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second amended complaint. (ECF No. 18.) The undersigned found that the second amended

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complaint stated potentially colorable Eighth Amendment claims against defendants Macomber

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and Roth, but failed to state potentially colorable claims against the remaining defendants. (Id.)

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The undersigned granted plaintiff thirty days to file a third amended complaint. (Id.)

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On December 12, 2017, the undersigned granted plaintiff a thirty days extension of time

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to file a third amended complaint. (ECF No. 20.) Thirty days passed and plaintiff did not file a

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third amended complaint. Accordingly, on January 23, 2018, the undersigned ordered service of

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the second amended complaint as to defendants Macomber and Roth. (ECF No. 22.) The

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undersigned separately recommended dismissal of the other defendants named in the second

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amended complaint. (ECF No. 21.)
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Pursuant to the mailbox rule, on January 12, 2018, plaintiff filed a third amended

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complaint. (ECF No. 23.) The third amended complaint is court stamp filed January 22, 2018.

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(Id.) The undersigned was not aware of the third amended complaint when he issued the order

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and findings and recommendation on January 23, 2018.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The order and findings and recommendations filed January 23, 2018 (ECF No. 21, 22)

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are vacated;
2. The undersigned will issue a separate order screening the third amended complaint.
Dated: January 31, 2018

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Wr2054.ord

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