Giraldes v. Prebula, et al

Filing 210

ORDER signed by Judge Lawrence K. Karlton on 11/1/2012 ORDERING 209 Because Plaintiff has not yet filed a second amended complaint, and Plaintiff's case has been dismissed, counsel for Plaintiff's request for pre-approval of expenditures is premature. Counsel's request is therefore DENIED, without prejudice to renew following Plaintiff's filing of a second amended complaint. The Clerks' Office is directed to file Plaintiff's request for authority to incur costs on the docket. (Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

LARRY GIRALDES, JR.,

12

Plaintiff,

NO. CIV. S-01-2110 LKK/EFB
v.

13
14

O R D E R

T. PREBULA, et al.,
Defendants.

15

/
16
On October 14, 2012, this court issued an order dismissing

17
18

Plaintiff’s suit without prejudice, based on the Ninth Circuit’s

19

holding in Vaden v. Summerhill, 449 F.3d 1047 (9th Cir. 2006).1

20

Order, ECF No. 209.

21

issuance of the court’s order to file a second amended complaint.

22

Id.

23

////

Plaintiff was given thirty days from the

Plaintiff has not yet filed a second amended complaint.

24
1

25
26

The court determined that the holding in Vaden indicated
that Plaintiff had brought this action on November 16, 2001, when
he filed his original complaint, and therefore, before the
Director’s Level denials on Plaintiff’s grievances were issued.
1

1

The court is in receipt of counsel for Plaintiff’s request for

2

authority to incur $8,300.00 in costs for fees for Dr. Ralph E.

3

Koldinger.

4

complaint, and Plaintiff’s case has been dismissed, counsel for

5

Plaintiff’s request for pre-approval of expenditures is premature.

6

Counsel’s request is therefore DENIED, without prejudice to renew

7

following Plaintiff’s filing of a second amended complaint.

8
9

Because Plaintiff has not yet filed a second amended

The Clerks’ Office is directed to file Plaintiff’s request for
authority to incur costs on the docket.

10

IT IS SO ORDERED.

11

DATED: November 1, 2012.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2