Warfield v. Bradley et al

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/2018 GRANTING Plaintiff 30 days in which to file an amended complaint. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRODERICK WARFIELD,

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No. 2:17-cv-2622 KJN P

Plaintiff,
v.

ORDER

KENNEY BRADLEY, et al.,
Defendants.

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Plaintiff is a prisoner, proceeding pro se. On January 22, 2018, plaintiff’s complaint was

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dismissed with leave to amend within thirty days, and he was provided a “Notice of Amendment”

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form to accompany his amended complaint. (ECF No. 7 at 5.) However, on January 29, 2018,

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plaintiff filed the notice of amendment form, crossing out the words, “of Amendment” and

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writing, “Accept as Original Complaint.” (ECF No. 10.) Plaintiff claimed to submit “the

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following document in compliance with the court’s order filed 1/22/18,” and signed the one page

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document under penalty of perjury.

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Plaintiff is advised that his January 29, 2018 filing is insufficient to constitute a pleading.

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Other than the defendant named in the caption, plaintiff fails to identify the parties he intends to

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sue, and the filing contains no factual allegations. Therefore, the court is unable to construe the

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filing as a complaint, original or amended. Plaintiff is granted an extension of time in which to

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file an amended complaint that complies with the January 22, 2018 order. The Clerk of the Court
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is directed to send plaintiff the form for filing a civil rights complaint by a prisoner. Plaintiff is

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required to file any amended pleading on the court’s form, and is admonished that failure to file

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an amended complaint in compliance with this order or the prior screening order shall result in

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the dismissal of this action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff is granted thirty days in which to file an amended complaint that complies

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with the January 22, 2018 order; such amended complaint shall be filed on the court’s form; and
2. The Clerk of the Court is directed to send plaintiff the form for filing a civil rights
action by a prisoner.
Dated: February 14, 2018

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