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Vernon D. Carroll v. Correctional Officer S. Read

April 30, 2013

VERNON D. CARROLL, PLAINTIFF,
v.
CORRECTIONAL OFFICER S. READ, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Cormac J. Carneyunited States District Judge

ORDER ACCEPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Complaint, all the records and files herein, and the Report and Recommendation of the United States Magistrate Judge. No objections to the Report and Recommendation have been filed herein. The Court concurs with and accepts the findings, conclusions and recommendations of the Magistrate Judge.

IT THEREFORE IS ORDERED that defendants' Motion to Dismiss plaintiff's SAC for failure to comply with Fed. R. Civ. P. 8 and failure to state a claim upon which relief can be granted is granted with leave to amend; that defendants' Motion to Dismiss plaintiff's SAC based on qualified immunity is denied without prejudice; and plaintiff is ordered, if he still desires to pursue this action, to file a Third Amended Complaint remedying the deficiencies discussed in the Report and Recommendation within thirty (30) days of the service of this Order.

If plaintiff chooses to file a Third Amended Complaint, it should bear the docket number assigned in this case; be labeled "Third Amended Complaint"; and be complete in and of itself without reference to the original Complaint, the First Amended Complaint, the Second Amended Complaint, or any other pleading, attachment, or document. The Clerk is directed to send plaintiff a blank Central District civil rights complaint form, which plaintiff is encouraged to utilize.

Plaintiff is admonished that, if he fails to timely file a Third Amended Complaint within the time allotted, the same can be construed as a failure to prosecute the action and, therefore, can be a basis for dismissal.

COMMITTED NAME (if different) FULL ADDRESS INCLUDING NAME OF INSTITUTION PRISON NUMBER (if applicable)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CASE NUMBER To be supplied by the Clerk PLAINTIFF, v. CIVIL RIGHTS COMPLAINT PURSUANT TO (Check one) G 42 U.S.C. § 1983 G Bivens v. Six Unknown Agents 403 U.S. 388 (1971) DEFENDANT(S).

PREVIOUS LAWSUITS

Have you brought any other lawsuits in a federal court while a prisoner: G Yes G No If your answer to "1." is yes, how many?

Describe the lawsuit in the space below. (If there is more than one lawsuit, describe the additional lawsuits on an attached piece of paper using the same outline.)

a. Parties to this previous lawsuit: Plaintiff

Defendants

b. Court

c. Docket or case number

d. Name of judge to whom case was assigned

e. Disposition (For example: Was the case dismissed? If so, what was the basis for dismissal? Was it appealed? Is it still pending?)

f. Issues raised:

g. Approximate date of filing ...


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