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Rudyarocha v. E. Sauceda

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 23, 2012

RUDYAROCHA, PLAINTIFF,
v.
E. SAUCEDA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On May 31, 2012, the undersigned dismissed plaintiff's second amended complaint with leave to file a third amended complaint within thirty days. The undersigned further ordered that if plaintiff did not file a third amended complaint within that time, this action would proceed on the colorable claims contained in the first amended complaint. Thirty days passed and plaintiff did not file a third amended complaint. Accordingly, on July 20, 2012, the undersigned ordered service of the colorable claims contained in the first amended complaint.

On August 20, 2012, plaintiff filed a "motion for relief from judgment." In this motion, plaintiff alleges that he did not receive the May 31, 2012 order. Plaintiff requests an opportunity to file a third amended complaint. Good cause appearing, plaintiff is granted an opportunity to file a third amended complaint.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion for relief from judgment (Dkt. No. 28), construed as a request to vacate the July 20, 2012 order, is granted;

2. Plaintiff is granted thirty days to file a third amended complaint;

3. The Clerk of the Court is directed to re-serve plaintiff with the May 31, 2012 order (Dkt. No. 25).

20120823

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