Staten v. Alamedia, et al

Filing 42

ORDER DENYING 41 Motion to Alter and Stay Judgment and DENYING 41 Motion to Amend the Complaint signed by District Judge David C. Bury on 2/18/2009. Plaintiff is granted 60 days from the filing date of the Order entered 1/29/09 in which to disco ver by subpoena or otherwise the identity of Defendant Officers S and E, and to file a notice of substitution providing each Defendants name in place of Officer S and Officer E. If Plaintiff fails to file a notice of substitution of parties within 60 days of the date of filing of the Order dated 1/29/09, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice. (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P la in tiff's Motion to Alter and Stay Judgment Entered on 1/28/09 has been considered b y the Court and is found without merit. Plaintiff is bound to the Order entered 1/29/2009 a n d should comply or this action will be dismissed without further notice. I T IS ORDERED that the Motion (Doc. No. 11) is DENIED. IT IS FURTHER ORDERED: (1) Plaintiff is granted 60 days from the filing date of the Order entered 1/29/09 in w h ich to discover by subpoena or otherwise the identity of Defendant Officers "S" a n d "E," and to file a "notice of substitution" providing each Defendant's name in p lace of Officer "S" and Officer "E." (2 ) Plaintiff. (3 ) I f Plaintiff fails to file a "notice of substitution" of parties within 60 days T h e Clerk of Court must issue two subpoenas in blank and send them to vs. Arth u r Calderon, et al., Defendants. Dwight A. Staten, Plaintiff, ) ) ) ) ) ) ) ) ) ) N o . CV 1-06-0631-DCB P ORDER I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

of the date of filing of the Order dated 1/29/09, the Clerk of Court must, without further

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notic e , enter a judgment of dismissal of this action without prejudice. See Fed. R. Civ. P . 41(b). D A T E D this 18 th day of February, 2009.

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