Johnson v. Cate et al

Filing 47

ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/19/12 ordering plaintiff's complaint is dismissed. Plaintiff is granted 30 days within which to file an amended complaint identifying C. Mears as a defendant in this action. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL SAMUEL JOHNSON, 11 Plaintiff, 12 No. 2:11-cv-2749 MCE CKD P vs. 13 MATTHEW CATE, et al., 14 Defendants. 15 ORDER / 16 On February 17, 2012, the court screened plaintiff’s complaint and found service 17 of process to be appropriate for defendant Mead. In documents recently filed with the court by 18 plaintiff, plaintiff indicates the correct name of the defendant identified as “Mead” in plaintiff’s 19 complaint is “Mears.” This being the case, plaintiff’s complaint, as it is written, fails to state a 20 claim upon which relief can be granted. The complaint will be dismissed and plaintiff will be 21 granted thirty days within which to file an amended complaint identifying “C. Mears” as a 22 defendant in this action. 23 ///// 24 ///// 25 ///// 26 ///// 1 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s complaint is dismissed. 3 2. Plaintiff is granted thirty days within which to file an amended complaint 4 identifying “C. Mears” as a defendant in this action. 5 6 7 3. Failure to file an amended complaint within 30 days will result in a recommendation that this action be dismissed without prejudice. Dated: June 19, 2012 8 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 1 john2749.dis 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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