Stephen v. Montejo et al

Filing 42

ORDER signed by Magistrate Judge Deborah Barnes on 07/11/19 denying 40 Motion to Amend the Second Complaint. Plaintiff's 07/18/19 filing entitled "Third Amended Prisoner Civil Rights Complaint 41 shall be disregarded. (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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Plaintiff,

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

v.

ORDER

E. MONTEJO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff has attempted to raise numerous claims in this

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case, including claims for a data breach, claims regarding prison conditions, claims against Wells

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Fargo Bank for loss of his funds, and claims regarding the treatment of his chronic kidney

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disease. Currently, this case is proceeding on plaintiff’s second amended complaint filed January

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28, 2019. (ECF No. 16.) On screening, this court found plaintiff failed to state claims against

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any defendant except a claim of deliberate indifference to his serious medical needs against

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defendant Montejo. (ECF No. 17.) This court’s recommendation that all remaining claims be

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dismissed was adopted by the district judge on April 23, 2019. (ECF No. 30.) Plaintiff then

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submitted documents for service of the second amended complaint on defendant Montejo. On

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May 3, Montejo’s waiver of service was filed with the court.

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On May 20, this court stayed these proceedings for 120 days and referred this case to the

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court’s Post-screening ADR Project. (ECF No. 32.) A settlement conference has been scheduled

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before Magistrate Judge Delaney on September 12, 2019. (ECF No. 37.)

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On July 8, plaintiff filed a motion to amend the second amended complaint and a

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proposed third amended complaint. (ECF Nos. 40, 41.) Because this case is currently stayed for

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purposes of pursuing settlement, this court will deny plaintiff’s motion without prejudice to its

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renewal at a later date if the parties do not reach settlement. If plaintiff does make a motion to

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amend at the appropriate time, plaintiff is warned that he should not attempt to re-state claims that

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the court previously found he may not bring in this § 1983 action.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to amend the second amended complaint (ECF No. 40) is denied

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without prejudice; and
2. Plaintiff’s July 8, 2019 filing entitled “Third Amended Prisoner Civil Rights
Complaint” (ECF No. 41) shall be disregarded.
Dated: July 11, 2019

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DLB:9
DLB1/prisoner-civil rights/step1796.mta sac

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