Adonai El-Shaddai v. L D Zamora et al

Filing 34

ORDER (1) DISMISSING COMPLAINT WITH LEAVE TO AMEND; AND (2) DENYING PENDING MOTIONS WITHOUT PREJUDICE by Judge R. Gary Klausner, re NOTICE OF MOTION AND MOTION for Review of Under Federal Rule of Civil Procedure Rule 54(d)(1) 33 , APPLICATION to t he Clerk to Tax Cost 31 , NOTICE OF MOTION AND MOTION for Order for Service of Process 30 . IT IS HEREBY ORDERED: 1. The Complaint is dismissed with leave to amend. If plaintiff intends to pursue this matter, he shall file a First Amended Complain t within twenty (20) days of the date of this Order which cures the pleading defects set forth herein. 2. In the event plaintiff elects not to proceed with this action, he shall sign and return the attached Notice of Dismissal by the foregoing deadline which will result in the voluntary dismissal of this action without prejudice. SEE ORDER FOR DETAILS (Attachments: # 1 Complaint Form, # 2 Dismissal Form) (dml)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

ADONAI EL-SHADDAI, also known as
James R. Wilkerson,

2:13-cv-02327-RGK-JC
Plaintiff(s),

v.
L. D. ZAMORA, et al.,
Defendant(s).

NOTICE OF DISMISSAL PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one)

✔
G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)
dismissed by Claimant(s) in its entirety.

is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

is

G The Third-party Claim brought by Claimant(s)
dismissed by the Claimant(s) in its entirety.

is

G ONLY Defendant(s)
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by

.

The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-09 (03/10)

NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)