Driver v. Lopes et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/12 ORDERING that within 14 days from the filing date of this order, plaintiff shall, in the present action, file: (a) an amended complaint; or (b) a statement of voluntary dismissal, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a). Failure of plaintiff to timely respond to this order shall result in the dismissal of this action without prejudice, pursuant to Federal Rule of Civil Procedure 41(b).(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BILLY DRIVER, JR.,

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Plaintiff,

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No. 2:11-cv-2877 KJN P

vs.
MATTHEW A. LOPES, JR., et al.,

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Defendants.

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ORDER
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On May 29, 2012, this court granted plaintiff’s application to proceed in forma

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pauperis, and dismissed plaintiff’s complaint with leave to file an amended complaint within

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thirty days. (See Dkt. No. 8.) On June 20, 2012, plaintiff filed a one-page statement listing each

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of the three pending cases he has filed in this court, including the instant case. The purpose of

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the statement is not apparent, and the deadline for filing an amended complaint in the present

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action has expired.

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In an abundance of caution, IT IS HEREBY ORDERED that:

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1. Within fourteen days from the filing date of this order, plaintiff shall, in the

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present action, file: (a) an amended complaint; or (b) a statement of voluntary dismissal, without

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prejudice, pursuant to Federal Rule of Civil Procedure 41(a).

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2. Failure of plaintiff to timely respond to this order shall result in the dismissal
of this action without prejudice, pursuant to Federal Rule of Civil Procedure 41(b).

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SO ORDERED.
DATED: July 17, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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driv2877.fta

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