Herrera v Gray
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/21/2017 ORDERING Plaintiff to inform court, within 10 days of the date of this order, whether he wishes to dismiss this action or proceed on 17 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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ARMANDO HERRERA,
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Plaintiff,
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No. 2: 17-cv-0765 KJN P
v.
ORDER
GRAY,
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Defendant.
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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. On May 12, 2017, the undersigned dismissed plaintiff’s complaint with
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leave to amend. (ECF No. 10.) On May 24, 2017, plaintiff filed a request for voluntary dismissal
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of this action. (ECF No. 16.) However, on May 31, 2017, plaintiff filed a complaint which may
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be an amended complaint. (ECF No. 17.)
The only named defendant in the original complaint is law librarian Gray. The amended
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complaint names Law Librarian Staff Diaz and Correctional Officer Palur as defendants. Plaintiff
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alleges that defendants Diaz and Palur told plaintiff that they would “set him up” for filing a
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lawsuit against defendant Gray.
Plaintiff is directed to inform the court whether he wishes to dismiss the instant action or
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proceed on the amended complaint filed May 31, 2017, naming Diaz and Palur as defendants.
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Accordingly, IT IS HEREBY ORDERED that within ten days of the date of this order,
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plaintiff shall inform the court whether he wishes to dismiss this action or proceed on the
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amended complaint filed May 31, 2017.
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Dated: June 21, 2017
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Her765.cla
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kc
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