Aaron, et al v. Atchison Topeka

Filing 806

ORDER DISMISSING PETITION WITH LEAVE TO AMEND (Doc. 805 ), signed by Magistrate Judge Sandra M. Snyder on 3/19/2014. (Fahrney, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 BURL J. AARON, et al., 10 Plaintiffs, 11 12 13 14 15 Case No. 1:96-CV-06180-AWI-SMS ORDER DISMISSING PETITION WITH LEAVE TO AMEND v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, et al., Defendants. (Doc. 805) AND RELATED CASES 16 17 18 On March 12, 2014, Plaintiff Reynaldo Tapia petitioned this Court for an order authorizing 19 the withdrawal of funds from a blocked account. Plaintiff failed to identify the account from which 20 he seeks to withdraw funds, as required by paragraph 6 of the form petition. The Court cannot order 21 withdrawal of funds from an unidentified account. 22 23 Notwithstanding the Court's dismissal of Plaintiff's incomplete petition, Plaintiff is reminded that the order to deposit money in the account provided that "[w]hen said minor attains the age of 24 25 26 eighteen years, said depository without further order of the Court is authorized and directed to pay by check or draft, upon proper demand, all monies, including interest, hereby ordered to be 27 deposited, directly to said former minor." Doc. 607. Since Plaintiff is now over eighteen years old, 28 he need not petition this Court for permission to withdrawn the funds from his blocked account. 1 1 Accordingly, the Court dismisses Plaintiff's petition without prejudice. In the event that 2 Plaintiff requires a separate order to withdraw funds, he may amend his petition to provide the 3 omitted account information and resubmit it to this Court at any time. 4 5 6 IT IS SO ORDERED. 7 8 Dated: March 19, 2014 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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