Stephen v. Montejo et al

Filing 102

ORDER signed by Magistrate Judge Deborah Barnes on 11/29/21, ORDERING within 30 days of the filed date of this order, defendant shall file an answer to thethird amended complaint.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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No. 2:18-cv-1796 KJM DB P

Plaintiff,

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v.

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ORDER

E. MONTEJO,

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Defendant.

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Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. § 1983.

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This case is proceeding on plaintiff’s third amended complaint (“TAC”). (See ECF Nos. 67, 74,

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90.) Plaintiff alleges defendant Montejo was deliberately indifferent to his serious medical needs

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in violation of the Eighth Amendment.
In an order filed November 30, 2020, Chief Judge Mueller granted defendant’s motion to

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revoke plaintiff’s in forma pauperis status and directed plaintiff to submit the filing fee if he

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wished to proceed with this case. (ECF No. 93.) Plaintiff then filed an appeal. The Ninth Circuit

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Court of Appeals dismissed that appeal on November 16, 2021.
On November 23, 2021, plaintiff submitted the $400 filing fee.1 Accordingly, defendant

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will be directed to file an answer.
On November 22, plaintiff filed a motion to proceed in forma pauperis. However, plaintiff’s
submission of the filing fee mooted that motion and this court will not rule on it.
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Within thirty days of the filed date of this order, defendant shall file an answer to the
TAC.
IT IS SO ORDERED.
Dated: November 29, 2021

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DLB:9
DB Prisoner Inbox/Civil Rights/R/step1796.answ

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