Robben v. Wagoner et al

Filing 30

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/2018 DENYING plaintiff's 29 request for a stay and GRANTING plaintiff 30 days to file am amended complaint which complies with the requirements of the 3/17/2017 court order. The Clerk shall send a copy of the 3/17/2017 screening order with this order.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TODD ROBBEN,

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No. 2:16-cv-3022 JAM CKD P
Plaintiff,

v.

ORDER

JAMES R. WAGNER, et al.,
Defendants.

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Plaintiff has filed a document requesting that this action be stayed due to difficulties he is

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experiencing in drafting an amended complaint. It appears some of the difficulties are as a result

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of his recent transfer from the El Dorado County Jail to the California Department of Corrections

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and Rehabilitation.

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Good cause appearing, plaintiff’s request for a stay will be denied. However, the court

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will grant plaintiff a final extension of time to file his amended complaint. If the actions of prison

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officials cause plaintiff to not be able to file an amended complaint by the deadline, plaintiff must

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at least file a document with the court explaining how it is he believes he can proceed against the

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California judges identified in plaintiff’s complaint in light of the information provided to

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plaintiff in the court’s March 17, 2017 screening order. Failure to file an amended complaint, or

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at least an explanation as to why the defendants identified by plaintiff are not immune from suit,

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will result in a recommendation that this action be dismissed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for a stay (ECF No. 29) is denied.

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2. Plaintiff is granted 30 days from the date of this order to file an amended complaint

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which complies with all of the requirements of the court’s March 17, 2017 order. If the actions of

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prison officials cause plaintiff to not be able to file an amended complaint by the deadline,

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plaintiff must at least file a document with the court explaining how it is he believes he can

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proceed against the California judges identified in plaintiff’s complaint in light of the information

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provided to plaintiff in the court’s screening order.

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3. The Clerk of the Court shall send a copy of the court’s March 17, 2017screening order
with this order.
4. Failure to comply with this order will result in a recommendation that this action be

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dismissed.

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Dated: January 22, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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robb3022.ext

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