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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRODERICK WARFIELD, 12 13 14 15 No. 2:17-cv-2622 KJN P Plaintiff, v. ORDER KENNEY BRADLEY, et al., Defendants. 16 17 Plaintiff is a prisoner, proceeding pro se. On January 22, 2018, plaintiff’s complaint was 18 dismissed with leave to amend within thirty days, and he was provided a “Notice of Amendment” 19 form to accompany his amended complaint. (ECF No. 7 at 5.) However, on January 29, 2018, 20 plaintiff filed the notice of amendment form, crossing out the words, “of Amendment” and 21 writing, “Accept as Original Complaint.” (ECF No. 10.) Plaintiff claimed to submit “the 22 following document in compliance with the court’s order filed 1/22/18,” and signed the one page 23 document under penalty of perjury. 24 Plaintiff is advised that his January 29, 2018 filing is insufficient to constitute a pleading. 25 Other than the defendant named in the caption, plaintiff fails to identify the parties he intends to 26 sue, and the filing contains no factual allegations. Therefore, the court is unable to construe the 27 filing as a complaint, original or amended. Plaintiff is granted an extension of time in which to 28 file an amended complaint that complies with the January 22, 2018 order. The Clerk of the Court 1 1 is directed to send plaintiff the form for filing a civil rights complaint by a prisoner. Plaintiff is 2 required to file any amended pleading on the court’s form, and is admonished that failure to file 3 an amended complaint in compliance with this order or the prior screening order shall result in 4 the dismissal of this action. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff is granted thirty days in which to file an amended complaint that complies 7 8 9 10 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 11 12 13 /warf2622.ext 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?