Foust v. Kuku-Ojo

Filing 40

ORDER signed by Magistrate Judge Allison Claire on 2/21/2019 ORDERING Plaintiff to complete and return the form notifying the court how he wants to proceed within 14 days of 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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CARL FOUST,

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Plaintiff,

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No. 2:16-cv-2731 WBS AC P

v.

ORDER

KUKU-OJO, et al.,

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Defendants.

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By order filed February 11, 2019, plaintiff was directed to notify the court whether he

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wanted to proceed on his complaint as screened or amend the complaint. ECF No. 36. Plaintiff

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has returned the notice, but instead of choosing one option as he was directed, he has selected that

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he wants to both proceed on the screened complaint and amend the complaint. ECF No. 39. He

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cannot do both. Plaintiff will be given one more opportunity to tell the court what he wants to do.

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He must decide to either proceed on the screened first amended complaint or amend the

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complaint.
In accordance with the above, IT IS HEREBY ORDERED that within fourteen days of

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service of this order, plaintiff shall complete and return the attached form notifying the court

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whether he wants to proceed on the screened complaint or whether he wants to file a second

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amended complaint. If plaintiff returns the notification and checks both options, or if he does not

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return the form, the court will assume that he wants to amend the complaint.

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DATED: February 21, 2019

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL FOUST,

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No. 2:16-cv-2731 WBS AC P
Plaintiff,

v.

PLAINTIFF’S NOTICE ON HOW TO
PROCEED

O. KUKU-OJO, et al.,

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Defendants.

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Check one:
_____ Plaintiff wants to proceed immediately on his Eighth Amendment claim against defendant

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Kuku-Ojo without amending the complaint. Plaintiff understands that by going forward

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without amending the complaint he is voluntarily dismissing without prejudice his claims

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against defendants McAtee, Fox, and Price.

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_____ Plaintiff wants to amend the complaint.

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DATED:_______________________
Carl Foust
Plaintiff pro se

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