Herrera v Gray

Filing 18

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARMANDO HERRERA, 12 Plaintiff, 13 14 No. 2: 17-cv-0765 KJN P v. ORDER GRAY, 15 Defendant. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 17 18 to 42 U.S.C. § 1983. On May 12, 2017, the undersigned dismissed plaintiff’s complaint with 19 leave to amend. (ECF No. 10.) On May 24, 2017, plaintiff filed a request for voluntary dismissal 20 of this action. (ECF No. 16.) However, on May 31, 2017, plaintiff filed a complaint which may 21 be an amended complaint. (ECF No. 17.) The only named defendant in the original complaint is law librarian Gray. The amended 22 23 complaint names Law Librarian Staff Diaz and Correctional Officer Palur as defendants. Plaintiff 24 alleges that defendants Diaz and Palur told plaintiff that they would “set him up” for filing a 25 lawsuit against defendant Gray. Plaintiff is directed to inform the court whether he wishes to dismiss the instant action or 26 27 proceed on the amended complaint filed May 31, 2017, naming Diaz and Palur as defendants. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that within ten days of the date of this order, 2 plaintiff shall inform the court whether he wishes to dismiss this action or proceed on the 3 amended complaint filed May 31, 2017. 4 Dated: June 21, 2017 5 6 7 Her765.cla 8 kc 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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