Jenkins v. McGrath, et al.
Filing
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ORDER signed by Magistrate Judge Deborah Barnes on 9/11/2017 GRANTING plaintiff's 2 request to proceed IFP and ORDERING defendants Parker, McGrath, and Drake to reply to the 13 second amended complaint within 30 days of the filed date of this order. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent CDCR order. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT LEE JENKINS, Jr.,
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No. 2:17-cv-1866 GEB DB P
Plaintiff,
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v.
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PARKER, et al.,
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ORDER
Defendants.
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Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §
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1983. In an order filed September 8, 2017, the district judge granted defendants’ motion to sever
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and ordered plaintiff’s original case, No. 2:13-cv-2273 GEB DB P, severed into four separate
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actions. (ECF No. 31.) The above-captioned case will proceed on plaintiff’s claim #3 in his
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second amended complaint against defendants Parker, McGrath, and Drake.
Based on his prior showing, the court will grant plaintiff in forma pauperis status in this
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action. See 28 U.S.C. § 1915(a).
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The court has previously found that plaintiff stated potentially a cognizable claim against
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defendants Parker, McGrath, and Drake and they have appeared in this action. (See Mar. 6, 2017
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Order (ECF No. 15).) Defendants will be ordered to file a reply to claim #3 of the second
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amended complaint.
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////
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s request for leave to proceed in forma pauperis is granted.
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2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff
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is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C.
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§ 1915(b)(1). All fees shall be collected and paid in accordance with this court’s order to the
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Director of the California Department of Corrections and Rehabilitation filed concurrently
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herewith.
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3. Defendants shall reply to the second amended complaint within thirty days of the filed date
of this order.
DATED: September 11, 2017
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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE
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DLB:9
DLB1/prisoner-civil rights/jenk1866.ifp
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