Staten v. Alamedia, et al
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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