J'Weial v. County of Amador et al

Filing 13

ORDER signed by Magistrate Judge Allison Claire on 03/12/18 WITHDRAWING 9 motion to rescind the case and GRANTING 10 Motion to Amend the Complaint. Plaintiff shall have 30 days from the service of this order to file an amended complaint. The clerk of the court is directed to send plaintiff a copy of the prisoner complaint form used in this district. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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XAVIER LUMAR J’WEIAL,

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Plaintiff,

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No. 2:17-cv-1937 MCE AC P

v.

ORDER

COUNTY OF AMADOR, et al.,

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Defendants.

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Plaintiff filed both a motion to rescind the case and a motion to amend the complaint

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(ECF Nos. 9, 10), and was ordered to advise the court whether he wanted to dismiss the case or

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amend the complaint (ECF No. 11). Plaintiff has now notified the court that he would like to

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amend the complaint. ECF No. 12. .

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to rescind the case (ECF No. 9) is deemed withdrawn.

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2. Plaintiff’s motion to amend the complaint (ECF No. 10) is granted.

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3. Plaintiff shall have thirty days from the service of this order to file an amended

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complaint. If plaintiff fails to file an amended complaint, the court will proceed to screen the

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original complaint.

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4. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint
form used in this district.
IT IS SO ORDERED.
DATED: March 12, 2018

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