Linthecome v. Junious et al

Filing 24

ORDER STRIKING 23 First Amended Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 6/8/2012. Amended Complaint Due Within Thirty Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARCUS LEON LINTHECOME,

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CASE NO. 1:11-cv-00923-AWI–BAM PC

Plaintiff,

ORDER STRIKING FIRST AMENDED
COMPLAINT

v.
(ECF No. 23)

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MAURICE JUNIOUS, et al.,
THIRTY DAY DEADLINE

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Defendants.
/

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Plaintiff Marcus Leon Linthecome is a former state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 26, 2012, Plaintiff’s

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complaint was dismissed for failure to state a claim, with leave to amend. (ECF No. 21.) On June

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5, 2012, Plaintiff filed a first amended complaint.

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Plaintiff’s complaint is basically a thirteen page paragraph alleging unrelated claims against

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approximately sixty five defendants. In the order issued April 26, 2012, Plaintiff was informed that

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his complaint must conform with Federal Rules of Civil Procedure 8, 10, 18, and 20. Plaintiff was

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warned that if he failed to file a complaint in compliance with the order, this action will be dismissed

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for failure to state a claim. Plaintiff’s complaint does not comply with the Federal Rules of Civil

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Procedure and the order issued on April 26, 2012, and therefore, shall be stricken from the record.

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Plaintiff shall be granted one final opportunity to file a complaint in compliance with the order

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issued April 26, 2012.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s first amended complaint, filed June 5, 2012, is STRICKEN FROM THE
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RECORD;
2.

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amended complaint in compliance with the order issued April 26, 2012; and
3.

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Within thirty days from the date of service of this order, Plaintiff shall file an

If Plaintiff fails to file a complaint in compliance with this order, this action will be
dismissed for failure to state a claim.

IT IS SO ORDERED.
Dated:
10c20k

June 8, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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