Hurley
(PC) Diaz v. Hurley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL ENRIQUE DIAZ, No. 2:19-cv-1241 KJM KJN P Plaintiff, v. ORDER ASSOCIATE WARDEN HURLEY, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. On March 20, 2020, plaintiff was ordered to show cause why the September 25, 2019 findings and recommendations should not be forwarded to the district court for review and adoption based on plaintiff’s failure to timely file his amended complaint, as well as his failure to file an application to proceed in forma pauperis or pay the court’s filing fee. On April 6, 2020, plaintiff filed a response, accompanied by his application to proceed in forma pauperis. Good cause appearing, the order to show cause is discharged, and the findings and recommendations are vacated. The late filing of plaintiff’s amended complaint is excused. The court will now screen plaintiff’s first amended complaint. 25 26 However, plaintiff is cautioned that in the future if he…