Opinion
2:20-cv-2085 WBS DB P
08-04-2021
JON LLOYD HOUSTON, Plaintiff, v. SACRAMENTO CO. SHERIFF'S DEPT., et al., Defendants.
ORDER
DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE
Plaintiff is a state prisoner proceeding with a civil rights action under 42 U.S.C. § 1983. In an order filed March 10, 2021, this court dismissed plaintiff's complaint with leave to amend. Plaintiff was given 60 days to file a first amended complaint. Plaintiff has not filed a first amended complaint or otherwise responded to the court's order.
Also on March 10, this court recommended defendant Mercy San Juan Hospital be dismissed from this action. In an order filed May 11, 2021, District Judge Shubb adopted that recommendation. After Judge Shubb's order was served on plaintiff at the address on file, it was returned as undeliverable. The court was able to determine that plaintiff is now incarcerated at the Correctional Training Facility (“CTF”) in Soledad. Judge Shubb's order was re-served on plaintiff at that new address.
Based on the fact plaintiff has recently been moved to CTF and may not have received a copy of this court's March 10 order, this court will order the clerk to re-serve the March 10 order on plaintiff. Plaintiff will then have 60 days to file a first amended complaint. Plaintiff is warned that if he fails to file a timely first amended complaint, this court will recommend this action be dismissed.
Accordingly, the Clerk of the Court IS HEREBY ORDERED to serve a copy of the court's March 10, 2021 order (ECF No. 7) on plaintiff along with a copy of this order.