Exmundo v. Vella et al
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)
(PC) Exmundo v. Vella et al
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
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.
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
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