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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES R. COOKS, 12 Plaintiff, 13 14 15 No. 2:17-cv-0049 JAM CKD P v. ORDER CALIFORNIA STATE PRISON, SOLANO, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 18 19 1983. On April 6, 2017, the court dismissed plaintiff’s complaint with leave to amend. Among 20 other things, plaintiff was informed that his original complaint is too long and that his amended 21 complaint must be limited to 20 pages. The body of the amended complaint is 28 pages, about 22 the same size as the original. The court has reviewed the amended complaint and does not find 23 good cause for plaintiff’s disregard of the court’s page limitation. The court also notes that 24 plaintiff generally ignored the instructions and advice given to him by the court in the court’s 25 April 6, 2017 order concerning the contents of his amended complaint. The allegations are vague 26 and difficult to understand. 27 ///// 28 ///// 1 1 In light of the foregoing, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s amended complaint (ECF No. 18) is stricken. 3 2. The Clerk of the Court is directed to send plaintiff a copy of the court’s form complaint 4 used by prisoners alleging violations of their civil rights under 42 U.S.C. § 1983. 5 3. Plaintiff is granted thirty days to file an amended complaint. The amended complaint 6 must be filed on the form provided herewith. The contents of the amended complaint must be in 7 compliance with the court’s April 6, 2017 order, the Civil Rights Act, the Federal Rules of Civil 8 Procedure, and the Local Rules of Practice. The amended complaint must bear the docket 9 number assigned this case and must be labeled “Amended Complaint.” If plaintiff again elects to 10 disregard in any material respect the instructions which have been given to him concerning the 11 contents of his amended complaint, or fails to file an amended complaint, the court will 12 recommend that this action be dismissed for failure to follow court orders pursuant to Rule 41(b) 13 of the Federal Rules of Civil Procedure. 14 Dated: October 23, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 1 cook0049.str 21 22 23 24 25 26 27 28 2

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