(PC) Joseph v. Hawkins, et al, No. 2:2015cv00332 - Document 16 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/16 ordering within 30 days from the date of this order, defendant Hawkins shall file a response to the third amended complaint. The findings and recommendations 11 are vacated. (Plummer, M)
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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 ALONZO JOSEPH, 12 Plaintiff, 13 14 No. 2:15-cv-0332 JAM KJN P v. ORDER DR. R. HAWKINS, 15 Defendant. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with an action filed 17 18 pursuant to 42 U.S.C. § 1983. On March 18, 2016, the undersigned recommended that plaintiff’s 19 second amended complaint be dismissed without prejudice. Plaintiff filed objections, and on 20 April 22, 2016, the findings and recommendations were held in abeyance pending screening of 21 plaintiff’s third amended complaint. 22 The third amended complaint states a potentially cognizable Eighth Amendment claim for 23 relief against defendant Dr. Hawkins pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If 24 the allegations of the amended complaint are proven, plaintiff has a reasonable opportunity to 25 prevail on the merits of this action. Therefore, the findings and recommendations are vacated, 26 and defendant Hawkins is directed to file a responsive pleading within thirty days from the date 27 of this order. 28 //// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Within thirty days from the date of this order, defendant Hawkins shall file a response 3 4 5 to the third amended complaint. 2. The findings and recommendations (ECF No. 11) are vacated. Dated: October 24, 2016 6 7 8 /jose0332.1amd3 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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