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Roberto Herrera v. Rouch

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 4, 2013

ROBERTO HERRERA,
PLAINTIFF,
v.
ROUCH,
DEFENDANT.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER (1) DIRECTING CLERK TO PROVIDE PLAINTIFF WITH A COPY OF THE COMPLAINT AND (2) EXTENDING TIME FOR PLAINTIFF TO FILE HIS FIRST AMENDED COMPLAINT (ECF No. 9) FIRST AMENDED COMPLAINT DUE WITHIN THIRTY (30) DAYS

On February 27, 2013, Plaintiff Roberto Herrera, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) The Court screened Plaintiff's Complaint and dismissed it on March 28, 2013 for failure to state a claim, but gave Plaintiff leave to file an amended complaint by not later than May 2, 2013. (ECF No. 8.) On April 29, 2013, Plaintiff filed a motion requesting a copy of the Complaint so he can prepare his amended pleading. (ECF No. 9.)

Good cause having been presented to the Court, IT IS HEREBY ORDERED that Plaintiff's Motion (ECF No. 9) is GRANTED such that:

1. The Clerk of the Court shall provide Plaintiff with a copy of his Complaint, filed February 27, 2013;

2. Plaintiff shall file his first amended complaint by not later than thirty (30) days following service of this Order; and

3. If Plaintiff fails to file a first amended complaint in compliance with this Order, the Court will recommend that this action be dismissed, with prejudice, for failure to state a claim and failure to prosecute, subject to the "three strikes" provision set forth in 28 U.S.C. § 1915(g). Silva v. Di Vittorio 658 F.3d 1090 (9th Cir. 2011).

IT IS SO ORDERED.

20130504

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