Melvin Anthony, Jr. v. K. Oliva et al

Filing 38

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Fernando M. Olguin for Report and Recommendation (Issued), 36 and Order. If Plaintiff wishes to pursue this action in this Court, he must file a first amended complaint within twenty days of th e date this Order Accepting the Amended Report and Recommendation is filed. In preparing a first amended complaint, Plaintiff must bear in mind the deficiencies of the current pleading, and must assure that they are not repeated. Plaintiff must take particular note of the following guidelines: 1. Plaintiff must set forth the jurisdictional grounds for his claims at the outset of the complaint.2. The complaint must include only factual allegations directly relevantto plaintiff's claims, whic h must be stated in separate, numberedparagraphs (preferably in chronological order), each limited to a singleset of circumstances. The facts should be stated in simple, completesentences. Repetition is to be avoided. 3. The complaint must clearly id entify the specific acts on which each claim is based. Insofar as possible, the allegations should include the date, time, place and circumstances of the offending conduct by each defendant, a clear statement of what each defendant did or failed to d o, and the damage of injury suffered by plaintiff as a result of each defendant's conduct. 4. If civil rights violations are claimed, the complaint must specifically set forth the federal constitutional right or rights infringed with respect to each alleged wrongful act or omission. (sbu)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA-EASTERN DIVISION

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15 MELVIN ANTHONY, JR.,
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Plaintiff,
v.

19 K. OLIVIA, et al.,
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Defendants.

) ED CV 12-1369-FMO (SH)
)
) ORDER ACCEPTING
) AMENDED REPORT AND
) RECOMMENDATION OF UNITED
) STATES MAGISTRATE JUDGE; and
) ORDER
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Pursuant to 28 U.S.C. Section 636(b)(1)(C), the Court has reviewed the
Complaint and other papers along with the attached Amended Report and
Recommendation of the United States Magistrate Judge, and has made a de novo
determination of the Amended Report and Recommendation.
IT IS HEREBY ORDERED that: 1) the Amended Report and
Recommendation is accepted; 2) the Motion to Dismiss as to Count IV is denied;
Counts I, II, and III are dismissed without leave to amend; and 3) Count V, VI, VII,
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1 VIII, IX, X and XI are dismissed with leave to amend within 20 (twenty) days.
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If Plaintiff wishes to pursue this action in this Court, he must file a first

3 amended complaint within twenty days of the date this Order Accepting the
4 Amended Report and Recommendation is filed. The amended complaint, bearing
5 the number CV 12-1369-FMO(SH), must be a complete and independent document
6 and must not refer to prior pleadings. Plaintiff is cautioned that failure to file a first
7 amended complaint within the time specified by this Order may result in dismissal
8 of the action with prejudice on the grounds stated in the Amended Report and
9 Recommendation of the United States Magistrate Judge and/or for failure to
10 prosecute.
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In preparing a first amended complaint, Plaintiff must bear in mind the

12 deficiencies of the current pleading, and must assure that they are not repeated.
13 Plaintiff must take particular note of the following guidelines:
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1.

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Plaintiff must set forth the jurisdictional grounds for his claims at the
outset of the complaint.

2.

The complaint must include only factual allegations directly relevant

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to plaintiff's claims, which must be stated in separate, numbered

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paragraphs (preferably in chronological order), each limited to a single

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set of circumstances. The facts should be stated in simple, complete

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sentences. Repetition is to be avoided.

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3.

The complaint must clearly identify the specific acts on which each

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claim is based. Insofar as possible, the allegations should include the

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date, time, place and circumstances of the offending conduct by each

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defendant, a clear statement of what each defendant did or failed to do,

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and the damage of injury suffered by plaintiff as a result of each

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defendant's conduct.

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4.

If civil rights violations are claimed, the complaint must specifically
set forth the federal constitutional right or rights infringed with respect
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to each alleged wrongful act or omission.
IT IS FURTHER ORDERED that the Clerk shall serve forthwith a copy of

3 this Order on the Plaintiff.
4 DATED: March 18, 2013
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____________/s/___________________
FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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