(PC) Dawson v. Lynch et al

Filing 48

ORDER signed by Magistrate Judge Allison Claire on 02/06/24 ORDERING plaintiff to file a second amended complaint within 21 days of the service of this order. (Benson, A.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS MANWELL DAWSON, 12 13 14 15 No. 2:21-cv-0510 KJM AC P Plaintiff, v. ORDER JEFF LYNCH, et al., Defendants. 16 17 By order filed October 16, 2023, the first amended complaint was screened and plaintiff 18 was given the option of proceeding immediately on cognizable claims only or having a final 19 opportunity to amend the complaint. ECF No. 42. Plaintiff opted to amend the complaint and 20 was given thirty days to do so. ECF No. 44. He then requested and was granted an additional 21 fourteen days to file an amended complaint. ECF No. 46. Shortly after the deadline passed, the 22 court received plaintiff’s notice that his complaint would be delayed by two days and would be 23 mailed on January 11, 2024. ECF No. 47. However, the court has yet to receive plaintiff’s 24 second amended complaint. 25 Accordingly, IT IS HEREBY ORDERED that plaintiff shall file a second amended 26 complaint within twenty-one days of the service of this order. If plaintiff fails to file an amended 27 complaint, the case will proceed on the first amended complaint, as screened, and it will be 28 recommended that the claims against Bobbala for denying plaintiff’s grievances and all claims 1 1 against Ma, Lynch, Uddin, Rattan, Roth, and Ybarra be dismissed without prejudice and further 2 warning. 3 DATED: February 6, 2024 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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