Brammer v. Yates et al

Filing 45

ORDER Striking Second Amended Complaint As Incomplete (Doc. 43 ), ORDER Requiring Plaintiff To Re-File Complete Second Amended Complaint, Thirty-Day Deadline, signed by Magistrate Judge Gerald B. Cohn on 6/6/2011. (Amended Complaint due by 7/11/2011) (Attachments: # 1 Second Amended Complaint)(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES W. BRAMMER,

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Plaintiff,
v.
JAMES A. YATES, et al.,
Defendants.

CASE NO. 1:07-cv-01350-GBC (PC)
ORDER STRIKING SECOND AMENDED
COMPLAINT AS INCOMPLETE
(Doc. 43)
ORDER REQUIRING PLAINTIFF TO RE-FILE
COMPLETE SECOND AMENDED
COMPLAINT
/ THIRTY-DAY DEADLINE

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James W. Brammer (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action filed pursuant to 42 U.S.C. § 1983. On September 17, 2007, Plaintiff filed
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his original complaint. (Doc. 1). On May 9, 2008, the Court dismissed Plaintiff’s complaint for
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failure to comply with Rule 8(a) of the Federal Rules of Civil Procedure and gave leave to amend.
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(Doc. 16). On July 14, 2008, Plaintiff filed the first amended complaint. (Doc. 20). On October 9,
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2009, the Court screened the complaint and dismissed with leave to amend. (Doc. 24). On
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November 6, 2009; December 24, 2009; February 16, 2010; March 8, 2010; April 8, 2010, May 18,
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2010; Plaintiff has motioned for extensions of time on six different occasions and all motions were
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granted. (Docs. 26, 29, 34, 36, 39, 42). On July 9, 2010, Plaintiff filed the second amended
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complaint which is incomplete and states there are an additional five pages, however, there appears
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to be only one page with a final hyphenated word cut off at the end of the page. (Doc. 43). Plaintiff
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also attaches a letter explaining that his original second amended complaint was lost in the mail
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stating that another complaint was going to be mailed the next day. (Doc. 43).
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Since Plaintiff’s complaint is incomplete the Court HEREBY ORDERS:

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1.

That the second amended complaint be stricken as incomplete (Doc. 43);

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Plaintiff is to file a complete second amended complaint within thirty (30) days

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from the date of service of this order;

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3.

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The clerks office is directed to send a copy of Plaintiff’s incomplete complaint (Doc.
43) so that he can determine what is needed to complete the complaint.

IT IS SO ORDERED.

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Dated:
0jh02o

June 6, 2011
UNITED STATES MAGISTRATE JUDGE

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