Johnson v. Lee et al

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 02/09/11 ordering plaintiff's 11/12/10 motion to vacate the order dismissing this action 10 is granted, and the order of 10/18/10 dismissing this action and the consequent judgment of 10/19 /10 are hereby vacated. Plaintiff's motion to proceed in forma pauperis filed 10/22/10 9 is granted. Plaintiff shall pay the statutory filing fee of $350.00 for this action. All fees shall be collected in accordance with the court' ;s CDC order filed concurrently herewith. Claims against defendant Orrick are dismissed with leave to amend. Within 30 days of service of this order, plaintiff may amend his complaint to attempt to state cognizable claims against these defendants. Plaintiff is not obligated to amend his complaint. The allegations in the pleading are sufficient at least to state cognizable claims against defendants Lee and Chirilla. With this order, the clerk of the court shall provide plaintiff a blank summ ons, a copy of the complaint filed 07/28/09, 2 USM-285 forms and instructions for service of process to be completed and returned within 30 days. The clerk of the court is directed to serve a copy of this order on the U.S. Court of Appeals for the 9th circuit. (cc: 9th circuit). (Plummer, M)