Anderson vs. Voong, et al.,

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 03/08/18 ORDERING the clerk of the court is directed to re-serve plaintiff with the 1/23/17 order dismissing his complaint with leave to amend 5 . Plaintiff is granted 30 days from the date of this order to file an amended complaint. (Plummer, M)/

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TUANJA EDWARD ANDERSON,

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No. 2: 16-cv-2948 KJN P

Plaintiff,
v.

ORDER

M. VOONG, 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. Plaintiff consented to the jurisdiction of the undersigned on January 6,

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2017. (ECF No. 4.) On January 23, 2017, the undersigned dismissed the complaint with thirty

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days to file an amended complaint. (ECF No. 5.) Thirty days passed and plaintiff did not file an

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amended complaint. Accordingly, on March 16, 2017, the undersigned dismissed this action

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based on plaintiff’s failure to file an amended complaint. (ECF No. 8.)

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On March 27, 2017, plaintiff appealed the order dismissing this action. (ECF No. 10.) On

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July 5, 2017, plaintiff filed a motion for reconsideration of the order dismissing his action. (ECF

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No. 15.) Plaintiff claimed that he did not receive the January 23, 2017 order. (Id.) On August

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24, 2017, the undersigned denied plaintiff’s motion for reconsideration, construed as a motion for

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relief from judgment pursuant to Federal Rule of Civil Procedure 60(b). (ECF No. 16.) The

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undersigned found that plaintiff’s appeal divested the court of jurisdiction to consider plaintiff’s
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pending motion. (Id.)
On February 28, 2018, the Ninth Circuit vacated the order dismissing this action and

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remanded this action for further proceedings. (ECF No. 17.) The Ninth Circuit found that not all

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parties consented to proceed before the magistrate judge. See Williams v. King, 875 F.3d 500,

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503-04 (9th Cir. 2017) (all parties, including unserved defendants, must consent in order for

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jurisdiction to vest with the magistrate judge pursuant to 28 U.S.C. § 636(c)(1)).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to re-serve plaintiff with the January 23, 2017 order

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dismissing his complaint with leave to amend (ECF No. 5);

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2. Plaintiff is granted thirty days from the date of this order to file an amended complaint;

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failure to file an amended complaint within that time will result in a recommendation of dismissal

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of this action.

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Dated: March 8, 2018

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