Jones v. Cal-Pia, et al.

Filing 12

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/16/2018 DENYING plaintiff's 11 request that this matter be stayed and GRANTING plaintiff 30 days to file an amended compliant. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE RAYMOND JONES, JR.,

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No. 2:18-cv-0218 KJM CKD P

Plaintiff,

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v.

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CAL-PIA, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. §

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1983. On April 4, 2018, plaintiff’s complaint was dismissed for failure to state a claim with 30

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days leave to file an amended complaint. Plaintiff has not filed an amended complaint. Instead,

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plaintiff asks that this action be stayed until March, 2019 when plaintiff will be released from

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prison. Plaintiff asserts that after his release he will retain counsel.

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At this point, there is no operative complaint before the court and, after reviewing

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plaintiff’s original complaint a second time, the court is skeptical plaintiff will ultimately be able

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to state a claim upon which relief can be granted. This being the case, staying this action would

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mostly likely be futile. Therefore, plaintiff’s motion for a stay will be denied. The court will,

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however, grant plaintiff 30 additional days within which to attempt to state a claim upon which

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relief can be granted by filing an attempted complaint which follows the directions given to

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plaintiff in the court’s April 4, 2018 screening order. If plaintiff is ultimately able to state a claim
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upon which relief could be granted in an amended complaint, plaintiff will be free to renew his

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motion for a stay.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request that this matter be stayed (ECF No. 11) is denied.

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2. Plaintiff is granted 30 days within which to file an amended complaint. Failure to file

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an amended complaint within 30 days may result in a recommendation that this action be

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dismissed.

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Dated: May 16, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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jone0218.stay

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