Carroll v. Spearman

Filing 24

ORDER signed by Magistrate Judge Deborah Barnes on 07/30/18 ORDERING that within 14 days, plaintiff shall either dismiss this action or file an amended complaint. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TREMAYNE DEON CARROLL,

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Plaintiff,

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No. 2:17-cv-0862 JAM DB P

v.

ORDER

SPEARMAN, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. Plaintiff claims officials at Hight Desert State Prison failed to provide

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him with safe living conditions in violation of the Americans with Disabilities Act, used

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excessive force, and retaliated against him.
By order dated June 8, 2018, the court granted plaintiff’s motion to amend the complaint

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and ordered him to file an amended complaint within thirty days. (ECF No. 22.) Plaintiff was

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warned that failure to file an amended complaint could result in a recommendation that this action

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be dismissed. Those thirty days have passed and plaintiff has not filed an amended complaint,

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requested additional time in which to file an amended complaint, or otherwise responded to the

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court’s orders.

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this

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order plaintiff shall either dismiss this action or file an amended complaint. If he fails to do so

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the court will recommend this action be dismissed for plaintiff’s failure to comply with court

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orders and failure to prosecute. See E.D. Cal. R. 110; E.D. Cal. R. 183(b); Fed. R. Civ. P. 41.

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Dated: July 30, 2018

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DLB:12
DLB:1/Orders/Prisoner.Civil.Rights/carr0862.osc(2)

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