UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 12, 2010
HOWARD YOUNG, PLAINTIFF,
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.
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