Baines

(PC) Davis v. Baines

Good Law
United States District Court, Eastern District of CaliforniaAugust 14, 20241:24-cv-00207California748 words

Opinion

Trial Court Opinion

I. BACKGROUND

22 Plaintiff filed the Complaint commencing this action on February 15, 2024. (ECF No. 23 1). Plaintiff alleged excessive use of force by correctional officers at Corcoran State Prison. 24 (See generally ECF No. 1). The Court screened the complaint and on April 11, 2024, and found 25 that Plaintiff failed to state any cognizable claims. (ECF No. 15). The Court gave Plaintiff 30 26 days to either file an amended complaint or file a statement with the Court that he wants to 27 stand on his original complaint. (Id. at 6–7). The Court warned that “Failure to comply with 28 this order may result in the dismissal of this action.” (Id. at 7; see also ECF No. 3 at 1 (warning Plaintiff that failure to follow the Court’s orders and all applicable rules “will be grounds for imposition of sanctions which may include dismissal of the case.”)). Subsequently, the Court granted Plaintiff’s motion for extension of time to respond to the Court’s screening order. (ECF No. 17). The Court granted Plaintiff “additional 30 days, until June 17, 2024, to respond to the Court’s Screening Order (ECF No. 15).” (Id. at 6). Plaintiff failed to file an amended…

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