Harvey v. City of South Lake Tahoe et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 5/16/2012 ORDERING 50 plaintiff's 53 third amended complaint, is STRICKEN; if the April 12th findings and recommendations 38 are adopted, plaintiff may re-file his third amended complaint within 30 days from the date of the order adopting the findings and recommendations. (Reader, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DANIEL THOMAS HARVEY,
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Plaintiff,
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No. CIV S-10-1653 GEB EFB PS
vs.
CITY OF SOUTH LAKE TAHOE;
EL DORADO COUNTY; ANDREW
EISSINGER; CHARLES DUKE,
Defendants.
_________________________________/
ORDER
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This action, in which plaintiff is proceeding pro se, is before the undersigned in
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accordance with 28 U.S.C. § 636(b)(1) and Eastern District of California Local Rule 302(c)(21).
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On April 12, 2012, the undersigned issued findings and recommendations which recommended
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that plaintiff’s second amended complaint be dismissed and that plaintiff be given leave to
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amend some of his claims. Dckt. No. 50. The findings and recommendations provided that
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plaintiff should be given thirty days from the date of any order adopting the findings and
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recommendations within which to file a third amended complaint. Id. at 17.
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On May 11, 2012, plaintiff filed a third amended complaint. Dckt. No. 53. However, the
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assigned district judge has not yet issued an order adopting or declining to adopt the April 12,
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2012 findings and recommendations. Therefore, plaintiff’s second amended complaint has not
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yet been dismissed and plaintiff’s third amended complaint is premature. Accordingly,
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plaintiff’s third amended complaint, Dckt. No. 53, is stricken. If the April 12 findings and
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recommendations are adopted, plaintiff may re-file his third amended complaint within thirty
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days from the date of the order adopting the findings and recommendations.
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SO ORDERED.
DATED: May 16, 2012.
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