Marty v. Green et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 10/13/10 ORDERING that plf's 11 "Amended Motion for Orders to Void and Vacate: Judgments and Orders to Strike Liens of El Dorado County Superior Court" is DEEMED to constitute a First Amended Complaint. Clerk to issue summons; the 11/18/10 hearing date is VACATED. (Benson, A.)

(PS) Marty v. Green et al

Doc. 12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 On July 14, 2010, plaintiff filed an application for a temporary restraining order ("TRO"), which United States District Judge Morrison E. England denied on July 15, 2010. (Dkt. Nos. 1, 6.) Plaintiff subsequently filed a "Response" to Judge England's order denying plaintiff's application for a TRO, which Judge England denied to the extent that the "Response" constituted a motion for reconsideration. (Dkt. Nos. 7, 8.) On September 8, 2010, plaintiff filed a document entitled "Motion For Orders To Void and Vacate: Judgments and Orders To Strike Liens of El Dorado County Superior Court," and noticed the "motion" for hearing on September 30, 2010. (Dkt. No. 9.) Because plaintiff's document that was styled as a "motion" was defectively noticed, the court order plaintiff to renotice the motion in compliance with this court's Local Rule 230(b). (Dkt. No. 10.) On October 5, 2010, plaintiff filed a document entitled "Amended Motion For Orders To Void and 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH EDWARD MARTY, Plaintiff, v. LOUIS B. GREEN, et al., Defendants. / ORDER No. 2:10-cv-01823 MCE KJN PS

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Vacate: Judgments and Orders To Strike Liens of El Dorado County Superior Court," which he noticed for hearing on November 18, 2010 (the "Amended Motion"). (Dkt. No. 11.) Upon review of plaintiff's "Amended Motion", the undersigned concludes that although this document is styled as a "motion," it is not in fact a motion; instead, this document appears to be an amended complaint that seeks relief relative to several decisions of the El Dorado County Superior Court. Accordingly, the undersigned construes the Amended Motion as a first amended complaint. As a result, the undersigned will vacate the November 18, 2010 hearing date and direct the Clerk of Court to issue a summons with respect to the first amended complaint so that plaintiff may properly serve defendants with process consistent with the Federal Rules of Civil Procedure, including Rule 4, the court's Local Rules and orders, and applicable law.1 The parties shall thereafter respond to the first amended complaint consistent with the Federal Rules of Civil Procedure, the court's Local Rules and orders, and applicable law. For the foregoing reasons, the court HEREBY ORDERS that: 1. Plaintiff's "Amended Motion For Orders To Void and Vacate: Judgments

and Orders To Strike Liens of El Dorado County Superior Court" (Dkt. No. 11) is hereby deemed to constitute a "First Amended Complaint." 2. Amended Complaint. //// //// //// //// The court expresses no view regarding whether any of the defendants have yet been properly served with either the original complaint filed with the TRO or the first amended complaint, and any related process. To date, none of the over 25 defendants has entered an appearance in this action. 2
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The Clerk of Court is directed to issue a summons with respect to the First

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3.

The hearing presently set before the undersigned to take place on

November 18, 2010, is vacated. IT IS SO ORDERED. DATED: October 13, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE

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