(PC) Wright v. Macomber et al, No. 2:2016cv02054 - Document 24 (E.D. Cal. 2018)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 1/31/2018 VACATING the 22 order and 21 findings and recommendations filed 1/23/2018. A separate order screening the third amended complaint will issue.(Yin, K)
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(PC) Wright v. Macomber et al Doc. 24 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DOMINIC VA’SHON WRIGHT, 12 13 14 15 No. 2:16-cv-2054 JAM KJN P Plaintiff, v. ORDER JEFF MACOMBER, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On November 1, 2017, the undersigned issued an order screening plaintiff’s 19 second amended complaint. (ECF No. 18.) The undersigned found that the second amended 20 complaint stated potentially colorable Eighth Amendment claims against defendants Macomber 21 and Roth, but failed to state potentially colorable claims against the remaining defendants. (Id.) 22 The undersigned granted plaintiff thirty days to file a third amended complaint. (Id.) 23 On December 12, 2017, the undersigned granted plaintiff a thirty days extension of time 24 to file a third amended complaint. (ECF No. 20.) Thirty days passed and plaintiff did not file a 25 third amended complaint. Accordingly, on January 23, 2018, the undersigned ordered service of 26 the second amended complaint as to defendants Macomber and Roth. (ECF No. 22.) The 27 undersigned separately recommended dismissal of the other defendants named in the second 28 amended complaint. (ECF No. 21.) 1 Dockets.Justia.com 1 Pursuant to the mailbox rule, on January 12, 2018, plaintiff filed a third amended 2 complaint. (ECF No. 23.) The third amended complaint is court stamp filed January 22, 2018. 3 (Id.) The undersigned was not aware of the third amended complaint when he issued the order 4 and findings and recommendation on January 23, 2018. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The order and findings and recommendations filed January 23, 2018 (ECF No. 21, 22) 7 8 9 are vacated; 2. The undersigned will issue a separate order screening the third amended complaint. Dated: January 31, 2018 10 11 12 13 Wr2054.ord 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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