Humes v. Brown
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 08/02/19 GRANTING 27 Motion to withdraw first amended complaint; VACATING 22 the 7/08/19 order; STRIKING 19 THE 10/31/18 first amended complaint; GRANTING 28 plaintiff's motion to am end. Within 30 days from the date of this order, plaintiff shall file a new amended complaint or, in the alternative, shall identify which amended complaint he intended to pursue in this action 26 or 28 at 3-7. The clerk of the court is directed to send plaintiff the form for filing a civil rights action. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JON HUMES,
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Plaintiff,
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No. 2:17-cv-2503 KJM KJN P
v.
ORDER
XAVIER BECERRA,
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Defendant.
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Plaintiff is a former county jail inmate, proceeding pro se and in forma pauperis. Plaintiff
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seeks relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local
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Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff amended his complaint and named Xavier
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Becerra as the sole defendant.
On July 18, 2019, the undersigned ordered service on defendant Becerra. However, on
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July 26, 2019, plaintiff filed a motion to withdraw the amended complaint, claiming it was not the
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pleading he thought it was. Good cause appearing, the July 18, 2019 order is vacated, and
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plaintiff’s first amended complaint (ECF No. 19) is stricken, and plaintiff is granted leave to
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amend.
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However, the record is now unclear. On July 25, 2019, plaintiff filed an amended
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complaint naming Governor Gavin Newsom as the sole defendant, signed on July 23, 2019.
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(ECF No. 26.) But appended to plaintiff’s motion to amend, filed July 29, 2019, is another
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amended complaint, but again naming Xavier Becerra as the sole defendant (ECF No. 28 at 3-7),
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but also signed on July 23, 2019. Therefore, plaintiff is granted thirty days in which to either file
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a new amended complaint or to identify which amended complaint he intends to pursue in this
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action (ECF No. 26 or 28).
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s motion to withdraw his first amended complaint (ECF No. 27) is granted;
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2. The July 18, 2019 order (ECF No. 22) is vacated;
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3. The October 31, 2018 first amended complaint (ECF No. 19) is stricken;
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4. Plaintiff’s motion to amend (ECF No. 28) is granted;
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5. Within thirty days from the date of this order, plaintiff shall file a new amended
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complaint or, in the alternative, shall identify which amended complaint he intended to pursue in
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this action (ECF No. 26 or 28 at 3-7); and
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6. The Clerk of the Court is directed to send plaintiff the form for filing a civil rights
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action.
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Dated: August 2, 2019
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