Steven Fishman v. Charles Williams et al

Filing 88

ORDER (1) DISMISSING SECOND COMPLAINT WITH LEAVE TO AMEND; (2) DENYING MOTION TO DISMISS AS MOOT; (3) DENYING MOTION FOR PERMISSIVE JOINDER; AND (4) DENYING PETITIONS FOR DECLARATORY JUDGMENT AND RELATED WRITS/REQUEST FOR SPEEDY HEARING RE SAME by Ju dge Michael W. Fitzgerald, re 61 , 66 , 82 , 83 , 84 , 85 , 86 , 87 . IT IS HEREBY ORDERED: The Court adopts the First and Second Screening Orders. The Second Amended Complaint is dismissed with leave to amend. If plaintiff intends to pursue this ma tter, he shall file a Third Amended Complaint within twenty (20) days of the date of this Order which cures the pleading defects set forth herein. 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 Notice of Dismissal) (dml)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER Steven Fishman, CV 14-4823 MWF(JC) Plaintiff(s), v. Charles Williams, 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)

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