(PC) Brackett v. Wendell et al

Filing 28

ORDER signed by Magistrate Judge Jeremy D. Peterson on 7/28/2022 GRANTING plaintiff's 18 request for information and forms, construed as a motion to amend complaint; DENYING plaintiff's 19 request to correct name and compel, and 24 request to serve notice. Plaintiff shall file his amended complaint within 30 days. The Clerk shall send plaintiff a complaint form with this order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEMOND CHARLES BRACKETT

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Plaintiff,

Case No. 2:21-cv-02282-KJM-JDP (PC)
ORDER:
(1) GRANTING PLAINTIFF’S REQUEST
FOR INFORMATION AND FORMS;

v.
WENDELL ANDERSON, et al.,
Defendants.

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(2) DENYING PLAINTIFF’S REQUEST TO
CORRECT NAME AND TO COMPEL;
(3) DENYING REQUEST TO SERVE
NOTICE ON DEFENDANTS;

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(4) DIRECTING PLAINTIFF TO FILE AN
AMENDED COMPLAINT WITHIN
THIRTY DAYS OF THIS ORDER OR
INDICATE HIS INTENT TO STAND BY
THE CURRENT COMPLAINT.

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ECF Nos. 18, 19, & 24

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THIRTY-DAY DEADLINE

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Plaintiff filed his second amended complaint, ECF No. 17, on April 21, 2022. Before I

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screened the complaint, however, plaintiff filed a request for information, ECF No. 18, wherein

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he inquired about changing his complaint to focus on Americans with Disabilities Act claims. I

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construe this as a motion to amend the complaint and will grant it; I will give him leave to file a

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new complaint within thirty days. If he declines to do so, this action will proceed on the second

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amended complaint.

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Plaintiff also filed a request to correct defendant Anderson’s name and to compel. ECF

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No. 19. Therein he states that defendant Anderson’s name should be “Wendell Anderson.” Id. at

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1. Defendant Anderson’s name is already correctly reflected on the docket, however. Separately,

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he seeks to compel the Yuba County Sheriff’s Office to preserve certain video evidence. Id. at 1-

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2. I decline to order the sheriff’s office to take any action at this juncture. No defendant has been

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served, and the video evidence plaintiff seeks to preserve relates to excessive force claims in his

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second amended complaint. As noted above, plaintiff indicates that he wants to alter his

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complaint to focus on ADA claims. Plaintiff may renew his motion to compel when the nature of

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his complaint is settled.

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Finally, plaintiff has filed a request to serve notice on defendants that assaults on his

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person are a violation of his rights. ECF No. 24. If plaintiff wishes to enjoin any activity by the

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defendants, he may file a properly supported motion for preliminary injunctive relief. This

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request is denied.

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Accordingly, it is ORDERED that:

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1. Plaintiff’s request for information and forms, ECF No. 18, construed as a motion to

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amend complaint, is GRANTED. Plaintiff should file his amended complaint within thirty days

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of this order’s entry.
2. Plaintiff’s request to correct name and compel, ECF No. 19, and request to serve

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notice, ECF No. 24, are DENIED.

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3.

The Clerk of Court is directed to send plaintiff a complaint form with this order.

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IT IS SO ORDERED.

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Dated:
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July 28, 2022
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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