(PC)Elliott v. Ehlers et al, No. 2:2022cv01040 - Document 15 (E.D. Cal. 2023)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 01/25/2023 VACATING 13 Findings and Recommendations; GRANTING Plaintiff 30 days from the date of service of this order to file a Second Amended Complaint. Failure to file a Second Amended Complaint will result in a Recommendation that this action be DISMISSED. (Rodriguez, E)
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(PC)Elliott v. Ehlers et al Doc. 15 Case 2:22-cv-01040-TLN-KJN Document 15 Filed 01/25/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ELLIOTT, 12 13 14 No. 2:22-cv-1040 KJN P Plaintiff, v. ORDER R. EHLERS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to 18 42 U.S.C. § 1983, and is proceeding in forma pauperis. This proceeding was referred to this court 19 pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On November 21, 2022, plaintiff’s 20 amended complaint was dismissed and plaintiff was granted thirty days to file a second amended 21 complaint. On January 5, 2023, it was recommended that this action be dismissed because 22 plaintiff failed to file a second amended complaint. On January 20, 2023, plaintiff filed 23 objections to the findings and recommendations, stating he has been transferred, and is only now 24 getting his mail. 25 26 Good cause appearing, the findings and recommendations are vacated, and plaintiff is granted an extension of time to file his second amended complaint. 27 In accordance with the above, IT IS HEREBY ORDERED that: 28 1. The January 5, 2023 findings and recommendations (ECF No. 13) are vacated; and 1 Dockets.Justia.com Case 2:22-cv-01040-TLN-KJN Document 15 Filed 01/25/23 Page 2 of 2 1 2. Plaintiff is granted thirty days from the date of service of this order to file a second 2 amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules 3 of Civil Procedure, and the Local Rules of Practice; the second amended complaint must be filed 4 on the court’s form and bear the docket number assigned this case and must be labeled “Second 5 Amended Complaint.” 6 Failure to file a second amended complaint in accordance with this order will result in a 7 recommendation that this action be dismissed. 8 Dated: January 25, 2023 9 10 11 /elli1040.vac.eot 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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