Barker v. Osemwingie et al

Filing 85

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/04/22, ORDERING plaintiff is granted 30 days within which to file a third 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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WILLIAM BARKER,

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Plaintiff,

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No. 2:16-cv-3008 CKD P

v.

ORDER

OSEMWINGIE, et al.,

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Defendants.

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This matter was remanded to this court from the Ninth Circuit on December 21, 2021.

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Pursuant to the terms of the remand order, plaintiff is granted 30 days within which to file a third

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amended complaint. In the third amended complaint, plaintiff may raise claims under Title II of

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the Americans with Disabilities Act (42 U.S.C. § 12131 et seq.) and the Rehabilitation Act of

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1973 (29 U.S.C. § 701 et seq.). Plaintiff may also raise a claim for retaliation under Title V of the

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Americans with Disabilities Act (42 U.S.C. § 12203). The third amended complaint must comply

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with the terms of the remand order, bear the docket number assigned this case, and must be

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labeled “Third Amended Complaint.” Failure to file a third amended complaint in accordance

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with this order will result in a recommendation that this action be dismissed.

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Dated: March 4, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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bark3008.lta

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