(PC) Lynn v. California Department of Corrections and Rehabilitation and Employees, No. 2:2014cv02690 - Document 27 (E.D. Cal. 2015)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/2015 VACATING the 25 findings and recommendations filed 10/27/2015. Plaintiff shall file an amended complaint no later than 30 days from the date of the filing of this order. Together with a copy of this order, the Clerk shall mail a copy of the court's 9/8/2015 order to plaintiff for his reference. (Yin, K)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CALVIN S. LYNN, 12 13 14 15 16 No. 2:14-cv-2690 WBS KJN P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 19 U.S.C. § 1983. This action was transferred to this judicial district from the Northern District of 20 California. On September 8, 2015, the undersigned filed an order dismissing plaintiff’s complaint 21 after screening; plaintiff was therein granted thirty days to file an amended complaint. As 22 plaintiff failed to file an amended complaint or otherwise respond to the court’s order, on October 23 27, 2015, the court filed findings and recommendations recommending dismissal of this action 24 pursuant to Federal Rule of Civil Procedure 41(b). Two days later, plaintiff filed a notice with the 25 court providing in pertinent part that plaintiff is “unable to address the Court due to his Churg[]- 26 Strauss Syndrome.” (ECF No. 26 at 1.) Plaintiff also claims that he “has been requesting A.D.A. 27 American Disability Act certification to present to the court, but has found resistance and non- 28 compliance by CDCR.” (sic) (Id.) Together with his notice, plaintiff has filed various medical 1 1 2 documents which provide that plaintiff suffers from Churg-Strauss Syndrome. Plaintiff is hereby informed that he need not present certification of a disability under the 3 Americans with Disabilities Act in order to proceed with an action herein. He merely needs to 4 file a complaint that meets the requirements set forth in the court’s September 8, 2015 order. Out 5 of an abundance of caution, the court will vacate the October 27, 2015 findings and 6 recommendations and grant plaintiff an additional thirty days in which to file an amended 7 complaint. Plaintiff is cautioned that, absent extraordinary circumstances, no further extensions 8 of time will be granted, and that his failure to timely file an amended complaint will result in a 9 recommendation that this action be dismissed without prejudice. 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. The findings and recommendations filed October 27, 2015 (ECF No. 25) are vacated. 12 2. Plaintiff shall file an amended complaint no later than thirty days from the date of the 13 filing of this order. Plaintiff’s failure to timely file an amended complaint will result in a 14 recommendation that this action be dismissed without prejudice. 15 3. Together with a copy of this order, the Clerk of the Court is directed to mail a copy of 16 the court’s September 8, 2015 order (ECF No. 22) to plaintiff for his reference. 17 Dated: December 18, 2015 18 19 20 lynn2690.vac.2nd 21 22 23 24 25 26 27 28 2
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