Avila v. McMahon et al

Filing 60

ORDER signed by Magistrate Judge Allison Claire on 3/28/2019 ORDERING a Second Amended Complaint that includes only his claims against defendant M.D. McMahon, and which does not rely on or refence any prior complaint shall be filed by 4/26/2019; The parties must submit a joint status report and proposed case schedule within 30 days of the filing of plaintiff's Second Amended Complaint; Failure to file a Second Amended Complaint by 4/26/2019 may result in dismissal of this action. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ANTHONY AVILA,

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Plaintiff,

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No. 2:18-cv-00163 JAM AC (PS)

v.

ORDER

M.D. McMAHON,

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Defendant.

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Plaintiff is proceeding in this action pro se. The action was accordingly referred to the

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undersigned for pretrial matters by E.D. Cal. R. (“Local Rule”) 302(c)(21). On March 27, 2019,

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District Judge John A. Mendez adopted in full the undersigned’s findings and recommendations

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dismissing the County of San Joaquin from this case. ECF No. 57. In light of this ruling,

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defendant M.D. McMahon is the only remaining defendant. The court therefore ORDERS as

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follows:

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1. Plaintiff must submit a Second Amended Complaint that includes only his claims against

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defendant M.D. McMahon, and which does not rely on or refence any prior complaint, no

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later than April 26, 2019;
2. The parties must submit a joint status report and proposed case schedule within 30 days of

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the filing of plaintiff’s Second Amended Complaint; and

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3. Plaintiff’s failure to file a Second Amended Complaint by April 26, 2019 may result in
dismissal of this action for failure to prosecute.

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IT IS SO ORDERED.

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DATED: March 28, 2019

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