Hollis v. York et al
Filing
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ORDER REQUIRING Plaintiff to Notify Which Complaint Was His Amended Complaint in This Action, FIFTEEN DAY DEADLINE, signed by Magistrate Judge Sandra M. Snyder on 6/23/11. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL EUGENE HOLLIS,
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Plaintiff,
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CASE NO. 1:09-cv-00463-OWW-SMS
ORDER REQUIRING PLAINTIFF TO NOTIFY
WHICH COMPLAINT WAS HIS AMENDED
COMPLAINT IN THIS ACTION
v.
RUSSELL YORK, et al.,
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FIFTEEN DAY DEADLINE
Defendants.
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Plaintiff Michael Eugene Hollis (“Plaintiff”) is a federal prisoner proceeding pro se and in
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forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal
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Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of
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civil rights by federal actors. On April 1, 2011, Plaintiff’s first amended complaint was dismissed
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and Plaintiff was ordered to file an amended complaint in this action. (ECF No. 39.) On April 8,
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2011, the Court directed Plaintiff to file his amended complaint, in compliance with Federal Rule
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of Civil Procedure 18(a), within thirty days. (ECF No. 40.) On June 7, 2011, findings and
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recommendations issued recommending this action be dismissed for Plaintiff’s failure to comply
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with the Court’s order. (ECF No. 41.) Plaintiff filed objections and an affidavit on June 20, 2011.
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(ECF Nos. 42, 43.)
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In his objection, Plaintiff states that he mailed a complaint on May 6, 2011, and four
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complaints on May 9, 2011, which were received by the Court, and requests that this action not be
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dismissed. Plaintiff has included a copy of the cover page of each complaint. A review of the face
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sheets shows that none of the documents mailed to the court included a case number or were
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identified as an amended complaint. When the documents were received by the Clerk’s Office
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nothing indicated that any of the complaints received were to be filed in a pending action and new
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cases were opened for each complaint. Plaintiff is advised that when he submits a filing to the
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Clerk’s Office to be filed in a pending action he needs to write the case number and correct title on
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the document.
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Accordingly, it is HEREBY ORDERED that within fifteen days from the date of service of
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this order, Plaintiff is to notify the Court, by case number, which of the complaints was to have been
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filed in this action.
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IT IS SO ORDERED.
Dated:
cm411
June 23, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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