Arocha v. Sauceda et al

Filing 35

ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/12 ordering plaintiff's motions for leave to file a third amended complaint that exceeds 20 pages 30 and 32 are denied. Plaintiff's third amended complaint 31 is dismissed. Plaintiff is gratned 30 days to file a third amended complaint that is no longer than 30 pages long. (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 RUDY AROCHA, 11 12 13 14 15 Plaintiff, No. 11-cv-2959 KJN P vs. E. SAUCEDA, et al., Defendants. ORDER / 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action 17 pursuant to 42 U.S.C. § 1983. Pending before the court are plaintiff’s motions for leave to file a 18 third amended complaint in excess of twenty pages filed September 10, 2012, and September 26, 19 2012. On September 27, 2012, plaintiff filed a fifty-six page third amended complaint. 20 The undersigned has previously ordered that plaintiff’s amended complaints may 21 be no longer than twenty pages. (See Dkt. Nos. 10, 14.) In the pending motions, plaintiff alleges 22 that he cannot state his claims in a complaint that is twenty pages long. 23 After reviewing the pleadings, the undersigned finds that plaintiff may state his 24 claims in a complaint that is substantially shorter than fifty-six pages. Accordingly, the third 25 amended complaint is dismissed because it is does not contain a short and plain statement of the 26 claims as required by Federal Rule of Civil Procedure 8(a). 1 1 Based on the pending motions, plaintiff is granted leave to file a third amended 2 complaint that is thirty pages long. If plaintiff files a third amended complaint that is longer than 3 thirty pages, this action will be dismissed. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Plaintiff’s motions for leave to file a third amended complaint that exceeds 6 twenty pages (Dkt. Nos. 30, 32) are denied; 7 2. Plaintiff’s third amended complaint (Dkt. No. 31) is dismissed; 8 3. Plaintiff is granted thirty days to file a third amended complaint that is no 9 longer than thirty pages long. 10 DATED: October 16, 2012 11 12 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 13 14 ar2959.or(2) 15 16 17 18 19 20 21 22 23 24 25 26 2

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