Robinson v. Castellon et al

Filing 20

ORDER signed by Magistrate Judge Deborah Barnes on 1/18/2019 GRANTING Plaintiff 30 days from the date of service of this order to file an amended complaint. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH ROBINSON,

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No. 2:17-cv-2550 DB P

Plaintiff,
v.

ORDER

R. CASTELLON, et al.,
Defendants.

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Plaintiff is a state inmate proceeding pro se with a civil rights action under 42 U.S.C. §

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1983. Plaintiff claims defendants were deliberately indifferent to his safety in violation of the

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Eighth Amendment. By order dated December 26, 2018, the court screened plaintiff’s complaint.

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(ECF No. 16.) The court found plaintiff stated an Eighth Amendment claim against defendants

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Castellon, Jacobs, and Walthall. The court also found plaintiff failed to state a claim against the

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ten Doe defendants. Plaintiff was given the option to proceed on the complaint as screened or to

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file an amended complaint. Plaintiff has informed the court that he wishes to file an amended

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complaint. (ECF No. 19.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days from the date of service of this order to file an amended

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complaint that complies with the court’s December 26, 2018 screening order (ECF No.

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16), the Federal Rules of Civil Procedure, and the Local Rules of Practice.
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2. The amended complaint must bear the docket number assigned to this case and must be
labeled “First Amended Complaint.”
3. Failure to comply with this order will result in a recommendation that this action be
dismissed.
Dated: January 18, 2019

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DLB:12
DLB:1/Orders/prisoner-civil rights/robi2550.Amd

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