(PC) Turner v. Singh
Filing
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ORDER signed by Magistrate Judge Sean C. Riordan on 11/22/2024 DIRECTING the plaintiff to file within 14 days the form notifying the court whether they wish to proceed now on retaliation and ADA claims or attend to file a second amended complaint. (Woodson, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LAFONZO R. TURNER,
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Plaintiff,
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v.
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SINGH, et al.,
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No. 2:23-cv-0954 DC SCR P
ORDER
Defendants.
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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C.
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§1983. In an order filed October 4, 2024, this court found plaintiff stated cognizable claims for
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retaliation against defendants Singh and Willis and for violation of the Americans with
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Disabilities Act (“ADA”) against all defendants. (ECF No. 30.) This court further found plaintiff
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stated no other cognizable claims for relief. Plaintiff was given the option of proceeding
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immediately on his retaliation and ADA claims, and dismissing his other claims, or filing a
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second amended complaint. The court provided plaintiff with a form to be returned within
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twenty-one days to notify the court of his choice.
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Twenty-one days have passed and plaintiff has not filed the form notifying the court how
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he wishes to proceed. Nor has plaintiff otherwise responded to the October 4 order. In the
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October 4 order, this court warned plaintiff that if he failed to comply with the order, this court
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may recommend this case be dismissed.
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Plaintiff will be given one more opportunity to file the form notifying the court how he
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wishes to proceed in this case. If plaintiff fails to file a timely notice, this court will recommend
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this case be dismissed for plaintiff’s failure to prosecute and failure to comply with court orders.
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See Fed. R. Civ. P. 41; E.D. Cal. R. 110.
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Accordingly, IT IS HEREBY ORDERED that within fourteen (14) days of the date of
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this order, plaintiff shall file the form notifying the court whether he wishes to proceed now on
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his retaliation and ADA claims or whether he wishes to file a second amended complaint.
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Dated: November 22, 2024
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