(PC) Bonty v. Escutia, et al. Doc.

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Case 1:06-cv-00129-OWW-DLB Document 22 Filed 07/19/2007 Page 1 of 2

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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9 MILES O. BONTY, CASE NO. CV-F-06-0129 OWW DLB P
10 Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE
AMENDED COMPLAINT
11 v.
12 R. INDERMILL, et al.,
13 Defendants.
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15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action
16 pursuant to 42 U.S.C. § 1983. On September 29, 2006, the undersigned recommended that this
17 action be dismissed based on plaintiff’s failure to exhaust all available administrative remedies
18 pursuant to 42 U.S.C. § 1997e(a). The District Court adopted this recommendation on December
19 4, 2006. On July 12, 2007, the District Court granted plaintiff’s motion to reconsider the order
20 adopting based on a change in controlling authority. See Jones v. Bock, ___ U.S. ___, 127 S.Ct. 910
21 (2007) [inmate’s failure to exhaust administrative remedies as to some but not all claims does not
22 warrant dismissal]. The District Court noted that plaintiff’s claims are not limited to the issues
23 raised in his administrative appeal.
24 Based on the District Court’s July 10, 2007 Order, plaintiff is ordered to file an amended
25 complaint within 30 days, including only those claims that have been fully exhausted. The Court
26 will then proceed to screen the amended complaint.
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28 IT IS SO ORDERED.

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 Case 1:06-cv-00129-OWW-DLB Document 22 Filed 07/19/2007 Page 2 of 2

1 Dated: July 19, 2007 /s/ Dennis L. Beck

3c0hj8 UNITED STATES MAGISTRATE JUDGE
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