(PC) Rodriguez v. Taiarol et al

Filing 39

ORDER signed by Magistrate Judge Sean C. Riordan on 11/22/2024 DIRECTING Plaintiff to file a third amended complaint within 21 days of the date of this order. (Kyono, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN REFUGIO RODRIGUEZ,

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Plaintiff,

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No. 2:21-cv-1958 SCR P

v.

ORDER

RYAN TAIAROL, et al.,

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Defendants.

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

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§1983. On screening plaintiff’s second amended complaint, this court found plaintiff stated due

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process claims for false testimony against defendants Paris, Taiarol, Mamaril, Moreno, and

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Abdullah. (ECF No. 37.) The court further found plaintiff stated no other claims cognizable

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under §1983. Plaintiff was given the option of proceeding on his claims found cognizable or

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filing a third amended complaint. Plaintiff has notified the court that he wants to file a third

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amended complaint. (ECF No. 38.)

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the date of this

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order, plaintiff shall file a third amended complaint. Plaintiff is advised to carefully review this

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court’s prior screening order when preparing his third amended complaint. Further,

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plaintiff is warned that if he fails to comply with this order, this court may recommend this case

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be dismissed.

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Dated: November 22, 2024

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