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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?