Neuendorf v. Unknown Party et al

Filing 3

ORDER dismissing without prejudice 1 PRISONER CIVIL RIGHTS COMPLAINT and the Clerk shall enter judgment. The Clerk must file a copy of the Complaint (Doc. #1) as a First Amended Complaint in case #CV 10-124-PHX-RCB (DKD), nunc pro tunc April 6, 2010. The Clerk must close this case. Signed by Judge Robert C Broomfield on 4/8/10. (LSP)

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WO

RP

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

John Calvin Neuendorf, II, Plaintiff, vs. Unknown Party, et al., Defendants.

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No. CV 10-766-PHX-RCB (DKD) ORDER

On April 6, 2010, Plaintiff John Calvin Neuendorf, II, who is confined in the Maricopa County Fourth Avenue Jail, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 (Doc. #1). Plaintiff has not paid the $350.00 civil action filing fee or filed an Application to Proceed In Forma Pauperis with the Complaint. On the first page of the Complaint, Plaintiff has marked the box next to "First Amended Complaint." Despite this indication that the Complaint was meant as a First Amended Complaint, the Clerk of Court treated the pleading as a new Complaint and opened this new case because Plaintiff had not filled in a case number in the caption of the Complaint. Upon investigating the matter, the Court has determined that the Complaint was apparently meant as a First Amended Complaint in another case filed by Plaintiff (CV 10124-PHX-RCB (DKD)). In the interest of justice, the Court will dismiss this new case without prejudice and direct the Clerk of Court to file a copy of the Complaint (Doc. #1) as a First Amended Complaint in case #CV 10-124-PHX-RCB (DKD), nunc pro tunc April 6,

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2010. IT IS ORDERED: (1) The Complaint (Doc. #1) and this action are dismissed without prejudice and

the Clerk of Court must enter judgment accordingly. (2) The Clerk of Court must file a copy of the Complaint (Doc. #1) as a First

Amended Complaint in case #CV 10-124-PHX-RCB (DKD), nunc pro tunc April 6, 2010. (3) The Clerk of Court must close this case.

Dated this 8th day of April , 2010.

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