IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 7, 2012
ANTHONY RAY EVANS,
JUDGE DENNIS L. BECK, ET AL.,
The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge
ORDER REQUIRING PLAINTIFF TO NOTIFY THE COURT OF OPERATIVE PLEADING (ECF Nos. 18, 21) FOURTEEN (14) DAY DEADLINE
Plaintiff Anthony Ray Evans is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed on February 27, 2012 pursuant to 42 U.S.C. § 1983. (ECF No. 1.) On July 27, 2012, the Court dismissed Plaintiff's Complaint for failure to state a claim, but granted leave to amend. (ECF No. 11.) On August 16, 2012, Plaintiff filed a First Amended Complaint (ECF No. 14.), but on August 21, 2012, the Court granted Plaintiff's motion to file a second amended complaint. (ECF NO. 16.)
On August 23, 2012, Plaintiff filed a Second Amended Complaint. (ECF No. 18.) Then, on September 4, 2012, Plaintiff lodged a Second Amended Complaint (ECF No. 21) that differs from the pleading filed on August 23rd.
The Court is uncertain whether Plaintiff wishes to proceed upon the Second Amended Complaint filed on August 23, 2012, or the Second Amended Complaint lodged with the Court on September 4, 2012. Plaintiff may not proceed on both pleadings. Local Rule 220.
Accordingly, it is hereby ORDERED that Plaintiff, not later fourteen (14) days from service of this order, notify the Court in writing whether he wishes to proceed upon the Second Amended Complaint filed on August 23, 2012, or the Second Amended Complaint lodged with the Court on September 4, 2012.
If Plaintiff fails to comply with this order, this action will be dismissed for failure to obey a Court order.
IT IS SO ORDERED.
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