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Young v. California Dep't of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 12, 2010

HOWARD YOUNG, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER RESOLVING PLAINTIFF'S MOTIONS FILED JULY 1, 2010 (Docs. 59, 60.)

ORDER FOR PLAINTIFF TO CHOOSE ONLY ONE OF THESE TWO OPTIONS: et al., (1) PROCEED ONLY AGAINST DEFENDANT BARRON FOR RETALIATION OR (2) FILE A THIRD AMENDED COMPLAINT THIRTY DAY DEADLINE TO NOTIFY THE COURT OR FILE A THIRD AMENDED COMPLAINT

Howard Young ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 2, 2007. (Doc. 1.)

On June 21, 2010, the court issued an order requiring plaintiff to either (1) file a third amended complaint, or (2) notify the court of his willingness to proceed only against defendant Barron on the retaliation claim. (Doc. 55.) On July 1, 2010, plaintiff filed a motion to immediately proceed with service of process, and a motion for extension of time to file a third amended complaint. (Docs. 59, 60.) Plaintiff may not select both of these options.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motions filed on July 1, 2010 are RESOLVED;

2. Within thirty days from the date of service of this order, plaintiff is required to either:

(1) Notify the court that he is willing to proceed only against defendant Barron on the retaliation claim; OR

(2) File a third amended complaint curing the deficiencies identified by the court in the order issued on June 21, 2010;

3. Plaintiff's failure to comply with this order shall result in the dismissal of this action for failure to obey a court order.

IT IS SO ORDERED.

20100712

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