Phillips v. Turmezei et al

Filing 20

ORDER GRANTING Motion/Request for Endorsed Copy of Complaint 17 , signed by District Judge Frederick J. Martone on 4/3/09. (Encl: Conformed Copy of Complaint 1 ) (Hellings, J)

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MDR

I N THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

Donnie Phillips, Plaintiff, vs. T im o th y Turmezei, et al., Defendants.

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N o . CV 1-08-1388-FJM ORDER

O n August 22, 2008, Plaintiff Donnie Phillips, who is confined in the Pelican Bay Sta te Prison in Crescent City, California, filed a pro se civil rights Complaint pursuant to 42 U .S.C . § 1983 in the Sacramento Division of the United States District Court for the Eastern D is tric t of California. In a September 17, 2008 Order, United States Magistrate Judge K im b e rly J. Mueller ordered the case transferred to the Fresno Division of the Court. P lain tiff filed an Objection to the intradistrict transfer. In a February 12, 2009 Order, the Court denied Plaintiff's Objection to the in tra d istric t transfer and dismissed Plaintiff's Complaint because he had failed to comply w ith Rules 8 and 10 of the Federal Rules of Civil Procedure. The Court gave Plaintiff 30 d ay s to file an amended complaint that cured the deficiencies identified in the Order. I. Pending Motion O n March 12, 2009, Plaintiff filed a "Request to Clerk for Endorsed Copy of C o m p lain t" (Doc. #17). Plaintiff states that he filed three copies of his Complaint, but did

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n o t receive an "endorsed copy." Plaintiff asserts that he needs an endorsed copy of the C o m p la in t because there are numerous exhibits attached to the Complaint and Plaintiff has "le a rn e d that [he] was to maintain all those exhibits until later stages." The Court will direct th e Clerk of Court to send Plaintiff a conformed copy of his Complaint. II. W a r ning s A. A ddr e ss Changes

P lain tiff must file and serve a notice of a change of address in accordance with Rule 8 3 -1 8 2 (f) and 83-183(b) of the Local Rules of Civil Procedure. Plaintiff must not include a motion for other relief with a notice of change of address. Failure to comply may result in dismissal of this action. B. Copies

P la in tiff must submit an additional copy of every filing for use by the Court. See LR C iv 5-133(d)(2). Failure to comply may result in the filing being stricken without further n o tice to Plaintiff. C. Possible Dismissal

If Plaintiff fails to timely comply with every provision of the Court's February 12, 2 0 0 9 Order, the Court may dismiss this action without further notice. See Ferdik v. B o n z e le t, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failu re to comply with any order of the Court). IT IS ORDERED: (1) g r a nt e d. P lain tiff's "Request to Clerk for Endorsed Copy of Complaint (Doc. #17) is

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(2 ) (D o c. #1).

T h e Clerk of Court must send Plaintiff a conformed copy of his Complaint

D A T E D this 3 r d day of April, 2009.

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