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Michael Lynn Waters v. D. Fischer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 23, 2012

MICHAEL LYNN WATERS,
PLAINTIFF,
v.
D. FISCHER,
DEFENDANT.

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

ORDER FOR PLAINTIFF TO COMPLY WITH COURT'S ORDER OF MARCH 9, 2012 WITHIN THIRTY DAYS, OR CASE WILL BE DISMISSED ORDER FOR CLERK TO SEND PLAINTIFF COPY OF DOCKET SHEET THIRTY-DAY DEADLINE TO FILE SECOND AMENDED COMPLAINT

Michael Lynn Waters ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on October 8, 2010. (Doc. 1.) On March 9, 2012, the court entered an order requiring Plaintiff to file a Second Amended Complaint within thirty days, or this case would be dismissed. (Doc. 21.) On March 16, 2012, Plaintiff filed objections to the court's order, asserting that he already filed a Second Amended Complaint. (Doc. 22.)

Plaintiff declares under penalty of perjury that he delivered a Second Amended Complaint for this action to the mail room at the California State Prison-Sacramento for mailing, sometime between February 1, 2012 and March 2012, and he is willing to take a polygraph examination as proof. (Declaration of Michael Waters, Doc. 22 at 2.) The court does not dispute that Plaintiff mailed the Second Amended Complaint; however, the court has no record that the Second Amended Complaint was received at the court. (See Court Docket.) Therefore, before Plaintiff's action can proceed, Plaintiff must submit the Second Amended Complaint again. Plaintiff may either submit a new Second Amended Complaint or a copy of the Second Amended Complaint he previously sent to the court. Plaintiff must comply with the court's order of March 12, 2012 within thirty days, or this case will be dismissed without further notice.

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk shall send Plaintiff a copy of the court's docket for this action;

2. Within thirty days from the date of service of this order, Plaintiff must comply with the court's order of March 12, 2012 by filing a Second Amended Complaint; and

3. Plaintiff's failure to comply with this order shall result in the dismissal of this action for failure to state a claim, without further notice.

IT IS SO ORDERED.

20120323

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