(PC) Ward v. Batra, No. 1:2021cv00929 - Document 30 (E.D. Cal. 2023)

Court Description: ORDER VACATING Findings and Recommendations to Dismiss for a Failure to State a Claim Upon Which Relief Can be Granted 27 ; ORDER DIRECTING Clerk of the Court to File Third Amended Complaint signed by Magistrate Judge Sheila K. Oberto on 12/6/2023. (Xiong, J.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RONALD WILLIAM WARD, 12 Plaintiff, 13 v. 14 S. BATRA, et al., 15 Defendants. 16 Case No. 1:21-cv-00929-NODJ-SKO (PC) ORDER VACATING FINDINGS AND RECOMMENDATIONS TO DISMISS FOR A FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED ORDER DIRECTING CLERK OF THE COURT TO FILE THIRD AMENDED COMPLAINT 17 18 19 Plaintiff Ronald William Ward is a civil detainee proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 20 I. RELEVANT BACKGROUND 21 On November 14, 2023, following screening of Plaintiff’s second amended complaint, the 22 Court issued Findings and Recommendations to Dismiss this Action for Failure to State a Claim 23 Upon Which Relief Can Be Granted. (Doc. 27.) 24 On December 4, 2023, Plaintiff timely filed his objections. (Doc. 29.) 25 II. 26 In its Findings and Recommendations, the Court found Plaintiff’s second amended 27 complaint failed to comply with Rule 8 of the Federal Rules of Civil Procedure, failed to comply 28 with the First Screening Order, should not be converted to a pro se civil action, and that DISCUSSION 1 amendment was futile because it appeared Plaintiff was unable or unwilling to cure the 2 deficiencies identified in the screening order. (Doc. 27 at 5-8.) The Court recommended 3 Plaintiff’s second amended complaint be dismissed without prejudice for a failure to state a claim. 4 (Id. at 8.) In his objections, Plaintiff apologizes to the Court “for his errors in following the courts 5 6 instructions.” (Doc. 29 at 1.) Plaintiff includes an “amended complaint wherein plaintiff followed 7 the courts instructions closely” and asks the Court to consider it as he “thinks and believes he has 8 corrected” the errors identified by the Court. (Id.) 9 The Court will vacate the Findings and Recommendations issued November 14, 2023, and 10 direct the Clerk of the Court to file the amended complaint, filed and submitted as a part of 11 Plaintiff’s objections, as Plaintiff’s third amended complaint. The Court will screen Plaintiff’s 12 third amended complaint as required by 28 U.S.C. § 1915A(a) in due course. 13 III. 14 For the reasons given above, IT IS HEREBY ORDERED that: 15 1. The Findings and Recommendations issued November 14, 2023 (Doc. 27) are 16 CONCLUSION AND ORDER VACATED; and 17 2. The Clerk of the Court is DIRECTED to file the amended complaint submitted as a 18 part of Plaintiff’s December 4, 2023 (Doc. 29 at 3-59) filing separately on the docket 19 as Plaintiff’s Third Amended Complaint. 20 21 22 23 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto December 6, 2023 . UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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