Humes v. Brown

Filing 29

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JON HUMES, 12 Plaintiff, 13 14 No. 2:17-cv-2503 KJM KJN P v. ORDER XAVIER BECERRA, 15 Defendant. 16 Plaintiff is a former county jail inmate, proceeding pro se and in forma pauperis. Plaintiff 17 18 seeks relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local 19 Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff amended his complaint and named Xavier 20 Becerra as the sole defendant. On July 18, 2019, the undersigned ordered service on defendant Becerra. However, on 21 22 July 26, 2019, plaintiff filed a motion to withdraw the amended complaint, claiming it was not the 23 pleading he thought it was. Good cause appearing, the July 18, 2019 order is vacated, and 24 plaintiff’s first amended complaint (ECF No. 19) is stricken, and plaintiff is granted leave to 25 amend. 26 However, the record is now unclear. On July 25, 2019, plaintiff filed an amended 27 complaint naming Governor Gavin Newsom as the sole defendant, signed on July 23, 2019. 28 (ECF No. 26.) But appended to plaintiff’s motion to amend, filed July 29, 2019, is another 1 1 amended complaint, but again naming Xavier Becerra as the sole defendant (ECF No. 28 at 3-7), 2 but also signed on July 23, 2019. Therefore, plaintiff is granted thirty days in which to either file 3 a new amended complaint or to identify which amended complaint he intends to pursue in this 4 action (ECF No. 26 or 28). 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s motion to withdraw his first amended complaint (ECF No. 27) is granted; 7 2. The July 18, 2019 order (ECF No. 22) is vacated; 8 3. The October 31, 2018 first amended complaint (ECF No. 19) is stricken; 9 4. Plaintiff’s motion to amend (ECF No. 28) is granted; 10 5. Within thirty days from the date of this order, plaintiff shall file a new amended 11 complaint or, in the alternative, shall identify which amended complaint he intended to pursue in 12 this action (ECF No. 26 or 28 at 3-7); and 13 6. The Clerk of the Court is directed to send plaintiff the form for filing a civil rights 14 action. 15 Dated: August 2, 2019 16 17 18 /hume2503.str 19 20 21 22 23 24 25 26 27 28 2

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