Romero v. Spearman et al

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 9/3/2021 ORDERING Clerk to send Plaintiff copy of 13 Order, 14 Order, and a civil rights complaint by a prisoner form and ORDERING within 30 days of the date of this order, Plaintiff to file a first amended complaint on the form provided. (Henshaw, R)

Case 2:18-cv-01590-AC Document 20 Filed 09/03/21 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES ROMERO,

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No. 2:18-cv-1590 AC P

Plaintiff,
v.

ORDER

M.E. SPEARMAN, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 8, 2020, plaintiff’s complaint was screened, and the court determined that it

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failed to state claims upon which relief could be granted. ECF No. 13. Plaintiff was given thirty

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days within which to file a first amended complaint. See id. at 9. No amended complaint was

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filed. Failure to amend would normally be construed as failure to prosecute, resulting a

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recommendation for dismissal.

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However, plaintiff has filed documents during the interim inquiring about the filing fees

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and their withdrawal from his trust account over time, and requested case status updates. See

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ECF Nos. 16-19. It thus appears that plaintiff may not have received the court’s order to file a

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first amended complaint. He will therefore be given a second opportunity to do so.
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Case 2:18-cv-01590-AC Document 20 Filed 09/03/21 Page 2 of 2
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court shall send plaintiff copies of the following:

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a. The court’s screening order dated April 8, 2020 (ECF No. 13);

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b. The court’s Order for Payment of Inmate Filing Fee dated April 8, 2020 (ECF No.

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14), and
c. A Civil Rights Complaint By A Prisoner form.
2. Within thirty days of the date of this order, plaintiff shall file a first amended
complaint on the form provided.
Plaintiff is warned that his failure to file an amended complaint in compliance with this

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order will result in a recommendation that this action be dismissed.

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DATED: September 3, 2021

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