Exmundo v. Vella et al

Filing 22

ORDER Severing Plaintiff's Cases, and Directing Clerk's Office to Reopen Case 1:07-cv-1714 LJO-SMS; ORDER Requiring Plaintiff to file an Amended Complaint signed by Magistrate Judge Gerald B. Cohn on 10/13/2010. New Case Number: 1:07-cv-1714 AWI GBC (PC). Amended Complaint due by 11/17/2010. (Attachments: # 1 Amended Complaint Form)(Flores, E)

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(PC) Exmundo v. Vella et al Doc. 22 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 / 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Plaintiff Emelito Exmundo ("Plaintiff") is a state prisoner who is proceeding pro se and in forma pauperis in these civil rights actions pursuant to 42 U.S.C. 1983. On March 31, 2009, an order was issued consolidating cases 1:06-cv-00205-AWI-GBC and 1:07-cv-01714-LJO-SMS. (Doc. 27.) Upon reviewing the cases it has been determined that although both cases allege some similar incidents, case 1:07-cv-01714-LJO-SMS includes unrelated claims against different defendants that may not be joined with 1:06-cv-0205-AWI-GBC. Based on the foregoing it is HEREBY ORDERED that: 1. Cases 1:06-cv-00205-AWI-GBC PC and 1:07-cv-01714-LJO-SMS PC be severed; and The Clerk's Office is ordered to: a. b. c. Reopen case 1:07-cv-01714; and Designate cases 1:06-cv-00205-AWI-GBC and 1:07-cv-01714 as related; and Assign the actions to the same district judge and magistrate judge; and 1 Dockets.Justia.com UNITED STATES DISTRICT COURT EMELITO EXMUNDO, Plaintiff, v. A. K. SCRIBNER, et al., Defendants. CASE NO. 1:06-cv-00205-AWI-GBC PC ORDER SEVERING PLAINTIFF'S CASES, AND DIRECTING CLERK'S OFFICE TO REOPEN CASE 1:07-cv-01714-LJO-SMS ORDER REQUIRING PLAINTIFF TO FILE AN AMENDED COMPLAINT THIRTY-DAY DEADLINE 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 Dated: 612e7d 4. 3. d. e. Send Plaintiff a civil rights complaint form; and File a copy of this order in case 1:07-cv-01714-LJO-SMS; and Within thirty (30) days from the date of service of this order, Plaintiff shall file an amended complaint in case 1:07-cv-01714-LJO-SMS; and a. b. The amended complaint is not to exceed 10 pages; and The amended complaint must comply with the Federal Rules of Civil Procedure and the Local Rules; and If Plaintiff fails to file an amended complaint in compliance with this order, 1:07-cv01714 will be dismissed for failure to state a claim. IT IS SO ORDERED. October 13, 2010 UNITED STATES MAGISTRATE JUDGE 2

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