Sylee Castle v. E Tice et al

Filing 13

MEMORANDUM AND ORDER by Magistrate Judge John D. Early Dismissing the First Amended Complaint ("FAC") with Leave to Amend. The FAC does not state a claim upon which relief can be granted, and the Court is doubtful that it can be amended to state a claim. If Plaintiff still desires to pursue his claims and, considering the foregoing, can factually do so, he shall file a Second Amended Complaint within thirty (30) days of the date of this Order remedying the deficiencies discussed above. (Please refer to Order) Plaintiff is admonished that, if he fails to timely file a Second Amended Complaint within 30 days of the date of this Order, the Court will recommend that this action be dismissed for failure to diligently prosecute. (Attachments: # 1 blank Second Amended Complaint, # 2 blank Notice of Dismissal) (ig)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

Plaintiff(s),

v.

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)