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Blount v. Aragon

United States District Court, Ninth Circuit, California, E.D. California
Jun 12, 2013
2:13-cv-0311 KJN P (E.D. Cal. Jun. 12, 2013)

Opinion


DAKOTA D. BLOUNT, Plaintiff, v. R. ARAGON, et al., Defendants. No. 2:13-cv-0311 KJN P United States District Court, E.D. California. June 12, 2013

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Plaintiff is a state prisoner proceeding without counsel. By order filed May 2, 2013, plaintiff's complaint was dismissed, and plaintiff was granted leave to file an amended complaint that provided sufficient factual allegations to state a cognizable Eighth Amendment claim. (ECF No. 13.) Plaintiff was provided a notice of amendment form to submit along with the amended complaint. However, on May 24, 2013, plaintiff filed the notice of amendment form, without an amended complaint. (ECF No. 16.) It appears plaintiff attempted to use this form as the complaint form, as he handwrote some of the defendants' names on the line of the caption. Rather than provide the necessary factual detail, however, plaintiff states, in conclusory fashion, that defendant Aragon used excessive force and cruel and unusual punishment, and defendants Vasques, Morzinski, and Grassman used police brutality in assisting defendant Aragon.

         This filing does not comport with the requirements set forth in the May 2, 2013 order. As plaintiff was previously informed, plaintiff must allege sufficient facts surrounding the use of force for the court to determine whether plaintiff states a cognizable Eighth Amendment claim. (ECF No. 13 at 3-4.) Plaintiff is granted an additional thirty days in which to file an amended complaint that complies with the May 2, 2013 order, and that is completed on the form used in this district. Plaintiff is cautioned that failure to timely comply with this order will result in the dismissal of this action.

         Accordingly, IT IS HEREBY ORDERED that:

         1. Plaintiff is granted thirty days from the date of this order in which to file an amended complaint, using the court's form, that complies with this court's May 2, 2013 order; and

         2. The Clerk of the Court is directed to send plaintiff the form for filing a civil rights complaint by a prisoner.


Summaries of

Blount v. Aragon

United States District Court, Ninth Circuit, California, E.D. California
Jun 12, 2013
2:13-cv-0311 KJN P (E.D. Cal. Jun. 12, 2013)
Case details for

Blount v. Aragon

Case Details

Full title:DAKOTA D. BLOUNT, Plaintiff, v. R. ARAGON, et al., Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jun 12, 2013

Citations

2:13-cv-0311 KJN P (E.D. Cal. Jun. 12, 2013)