Martin v. Winett, et al
Filing
139
ORDER Disregardign 34 Second Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 11/17/11. (Verduzco, M)
<![CDATA[
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
ERIC MARTIN,
10
11
CASE NO. 1:04-cv–05358-LJO-BAM PC
Plaintiff,
ORDER DISREGARDING SECOND AMENDED
COMPLAINT
v.
(ECF No. 34)
12
13
DAVID WINETT, et al.,
Defendants.
/
14
15
Plaintiff Eric Martin (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
16
action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on March 1, 2004. On May 5, 2005,
17
the first amended complaint was screened and Plaintiff was ordered to submit service documents.
18
Plaintiff filed a second amended complaint on June 16, 2005, alleging only those claims found to
19
be cognizable in the screening order. On July 14, 2005, an order issued directing the United States
20
Marshal to serve the second amended complaint. Following resolution of Defendants’ motion for
21
summary judgment, this action was dismissed and judgment was entered on March 7, 2008.
22
On April 4, 2008, Plaintiff filed a notice of appeal regarding the judgment and order
23
dismissing this action. On March 25, 2010, the United States Court of Appeals for the Ninth Circuit
24
issued an order affirming the granting of Defendants’ motion for summary judgment, but finding that
25
Plaintiff’s Eighth Amendment claim against Defendant Winett and Due Process claims against
26
Defendants Johnson, Stainer, and Winett had been improperly dismissed at the screening stage, and
27
the action was remanded for further consideration of those claims.
28
1
1
In light of the reversal of the screening of the first amended complaint, the Court finds it
2
necessary to disregard the second amended complaint to clarify the record in this action. The
3
first amended complaint is therefore the operative complaint, only as to the limited claims
4
revived by the Ninth Circuit. Accordingly, the second amended complaint, filed June 16, 2005,
5
is HEREBY DISREGARDED.
6
7
IT IS SO ORDERED.
Dated:
10c20k
November 17, 2011
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
