Cooks v. California State Prison et al.

Filing 19

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/23/2017 STRIKING 18 First Amended Complaint and GRANTING Plaintiff 30 days to file an amended complaint. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES R. COOKS,

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Plaintiff,

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No. 2:17-cv-0049 JAM CKD P

v.

ORDER

CALIFORNIA STATE PRISON,
SOLANO, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §

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1983. On April 6, 2017, the court dismissed plaintiff’s complaint with leave to amend. Among

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other things, plaintiff was informed that his original complaint is too long and that his amended

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complaint must be limited to 20 pages. The body of the amended complaint is 28 pages, about

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the same size as the original. The court has reviewed the amended complaint and does not find

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good cause for plaintiff’s disregard of the court’s page limitation. The court also notes that

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plaintiff generally ignored the instructions and advice given to him by the court in the court’s

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April 6, 2017 order concerning the contents of his amended complaint. The allegations are vague

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and difficult to understand.

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In light of the foregoing, IT IS HEREBY ORDERED that:

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1. Plaintiff’s amended complaint (ECF No. 18) is stricken.

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2. The Clerk of the Court is directed to send plaintiff a copy of the court’s form complaint

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used by prisoners alleging violations of their civil rights under 42 U.S.C. § 1983.

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3. Plaintiff is granted thirty days to file an amended complaint. The amended complaint

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must be filed on the form provided herewith. The contents of the amended complaint must be in

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compliance with the court’s April 6, 2017 order, the Civil Rights Act, the Federal Rules of Civil

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Procedure, and the Local Rules of Practice. The amended complaint must bear the docket

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number assigned this case and must be labeled “Amended Complaint.” If plaintiff again elects to

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disregard in any material respect the instructions which have been given to him concerning the

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contents of his amended complaint, or fails to file an amended complaint, the court will

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recommend that this action be dismissed for failure to follow court orders pursuant to Rule 41(b)

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of the Federal Rules of Civil Procedure.

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Dated: October 23, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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cook0049.str

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