Johnson v. Fox

Filing 34

ORDER signed by Magistrate Judge Deborah Barnes on 06/29/17 vacating 32 FINDINGS AND RECOMMENDATIONS. Within 60 days of the date of this order, plaintiff shall either (a) file an amended complaint in compliance with the court's 3/02/17 order, or (b) advise the court that he still does not have possession of his legal materials. The clerk of the court is directed to provide plaintiff a copy of the court's 03/02/17 order 26 and a copy of the prisoner complaint form used in this district. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HERBERT JOHNSON,

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No. 2:16-cv-2492 JAM DB P

Plaintiff,
v.

ORDER

ROBERT W. FOX,
Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. Upon screening, the court found plaintiff’s complaint failed to allege a

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potentially cognizable claim for relief against any defendant. (ECF No. 26.) Plaintiff was given

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the opportunity to file an amended complaint. In March 2017, plaintiff requested a sixty-day

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extension of time to file an amended complaint. The court granted that request on March 20,

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2017. (ECF No. 30.)

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In a letter filed here on May 15, 2017, plaintiff requested the court close this case. On

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June 8, 2017, the undersigned recommended this action be dismissed based on plaintiff’s request.

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Plaintiff filed objections to that recommendation. In his objections, plaintiff expresses some

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confusion about what dismissal of this case means. Plaintiff is advised that a dismissal without

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prejudice means this case would be closed but that plaintiff may file a new case with the same

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allegations at a later date. As far as the court can discern, dismissal without prejudice is not what
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plaintiff seeks. It appears that plaintiff seeks another extension of time to file an amended

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complaint based on the facts that plaintiff does not have his legal property because he was placed

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in segregated housing.

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The court finds plaintiff has established good cause for an extension of time to file an

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amended complaint. Plaintiff is advised that if he has not received his legal materials within that

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time, he shall so inform the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 8, 2017 (ECF No. 32) are vacated.

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2. Within sixty days of the date of this order, plaintiff shall either: (a) file an amended

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complaint in compliance with the court’s March 2, 2017 order, or (b) advise the court

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that he still does not have possession of his legal materials.

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3. The Clerk of the Court is directed to provide plaintiff a copy of the court’s March 2,

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2017 order (ECF No. 26) and a copy of the prisoner complaint form used in this

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district.

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Dated: June 29, 2017

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DLB:9
DLB1/prisoner-civil rights/john2492.fr vac

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