Full title:LARRY JOE PERCIVAL, Plaintiff, v. KEN CLARK, WARDEN, Defendants
Court:United States District Court, E.D. California
CASE NO. 1:09-cv-01699-MJS (PC).
Date published: Dec 23, 2010
Fact:
Plaintiff Larry Joe Percival (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the action on September 29, 2009 and consented to Magistrate Judge jurisdiction on November 19, 2010. (ECF Nos. 1 13.) His Complaint has not yet been screened by this Court.
Plaintiff filed a motion with the Court on May 21, 2010. (ECF No. 11.) In it he seeks a change in the case caption. He states that Ken Clark is only a prison supervisor and J. Clark Kelso is a federal receiver for California Department of Corrections and Rehabilitation medical. Plaintiff also states that Kelso is a defendant in his habeas action and so is aware of Plaintiff’s medical issues.
Issue:
Conclusion:
Based on the foregoing, it is HEREBY ORDERED that:
1. Plaintiff’s May 21, 2010 Motion to Substitute Defendants, which the Court construes as a request for leave to amend, is GRANTED.
2. Plaintiff’s First Amended Complaint is due within thirty (30) days from the date of service of this order;
3. Plaintiff shall caption the amended complaint “First Amended Complaint” and refer to the case number 1:09-cv-1699-MJS (PC); and
4. If Plaintiff fails to comply with this order, this action will be dismissed for failure to state a claim upon which relief may be granted.
IT IS SO ORDERED.
