Jenkins v. Blauser, et al.

Filing 33

ORDER signed by Magistrate Judge Deborah Barnes on 9/11/2017 GRANTING Plaintiff's request to proceed IFP and ORDERING Defendants to reply to 13 Second Amended Complaint within 30 days of the filed date of this order. Plaintiff to pay the statutory filing fee of $350. All fees to be collected and paid in accordance with this court's order to the CDCR filed concurrently herewith. (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 ROBERT LEE JENKINS, Jr., 12 No. 2:17-cv-1867 GEB DB P Plaintiff, 13 v. 14 BLAUSER, et al., 15 ORDER Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 17 18 1983. In an order filed September 8, 2017, the district judge granted defendants’ motion to sever 19 and ordered plaintiff’s original case, No. 2:13-cv-2273 GEB DB P, severed into four separate 20 actions. (ECF No. 31.) The above-captioned case will proceed on plaintiff’s claim #4 in his 21 second amended complaint against defendants Blauser and Smith. Based on his prior showing, the court will grant plaintiff in forma pauperis status in this 22 23 action. See 28 U.S.C. § 1915(a). The court has previously found that plaintiff stated a potentially cognizable claim against 24 25 defendants Blauser and Smith and they have appeared in this action. (See Mar. 6, 2017 Order 26 (ECF No. 15).) Defendants will be ordered to file a reply to claim #4 of the second amended 27 complaint. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s request for leave to proceed in forma pauperis is granted. 3 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff 4 is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. 5 § 1915(b)(1). All fees shall be collected and paid in accordance with this court’s order to the 6 Director of the California Department of Corrections and Rehabilitation filed concurrently 7 herewith. 8 9 10 3. Defendants shall reply to the second amended complaint within thirty days of the filed date of this order. DATED: September 11, 2017 11 12 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 DLB:9 DLB1/prisoner-civil rights/jenk1867.ifp 26 27 28 2

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