(PC)Elliott v. Lynch et al

Filing 36

ORDER signed by Magistrate Judge Dennis M. Cota on 06/05/2024 DIRECTING Plaintiff shall file a First Amended Complaint within 30 days of the date of this Order. (Nair, C)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ELLIOTT, 12 No. 2:22-CV-1323-KJM-DMC-P Plaintiff, 13 v. 14 M. CAMPOSE, ORDER 15 Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. On February 20, 2024, the undersigned issued findings and recommendations that 19 20 Defendant’s motion to dismiss be granted and that this action be dismissed without leave to 21 amend for failure to state a claim upon which relief can be granted. See ECF No. 34. On April 22 16, 2024, the District Judge adopted the findings and recommendations except the District Judge 23 granted the motion to dismiss with leave to amend. See ECF No. 35. Consistent with the District 24 Judge’s order, the undersigned will hereby direct Plaintiff to file a first amended complaint. 25 /// 26 /// 27 /// 28 /// 1 1 2 Accordingly, IT IS HEREBY ORDERED that Plaintiff shall file a first amended complaint within 30 days of the date of this order. 3 4 Dated: June 5, 2024 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 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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