Spears v. El Dorado County Courts et al

Filing 52

ORDER signed by Magistrate Judge Dennis M. Cota on 1/23/23 ORDERING that Defendants shall file a response to Plaintiff's fourth amended complaint within 30 days of the date of this order. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN SPEARS,

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No. 2:16-CV-2655-TLN-DMC-P
Plaintiff,

v.

ORDER

EL DORADO COUNTY C.P.S., et al.,
Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42
U.S.C. § 1983. Pending before the Court is Plaintiff’s fourth amended complaint, ECF No. 51.
This action currently proceeds as against Defendants El Dorado County C.P.S.,

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Joan Barbie, El Dorado County Public Guardian, Gary Slossberg, and El Dorado County.

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Process directed to Defendant Slossberg has been returned unexecuted. See ECF No. 25. All

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other defendants have waived service and appeared in the action. Following various amendments

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to the original complaint, Defendants filed a motion to dismiss which was denied. See ECF Nos.

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49 (findings and recommendations), 50 (District Judge order). While substantively the then-

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operative third amended complaint was found sufficient to proceed, the third amended complaint

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was defective in that it failed to contain any request for relief as required by Federal Rule of Civil

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Procedure 8. Plaintiff was directed to file a fourth amended complaint which contains the

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required request for relief. Plaintiff has complied. See ECF No. 51.
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Accordingly, IT IS HEREBY ORDERED that Defendants shall file a response to
Plaintiff’s fourth amended complaint within 30 days of the date of this order.

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Dated: January 23, 2023

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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