Mitchell v. Duffy et al

Filing 33

ORDER signed by Magistrate Judge Allison Claire on 3/6/2019 GRANTING 32 Request for Copy of Amended Complaint; DIRECTING Clerk of Court to send Plaintiff copy of 31 First Amended Complaint; and ORDERING Plaintiff to file either the missing 2 pages, including his signature, or a complete, signed copy of the First Amended Complaint within 21 days of service of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL MITCHELL,

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Plaintiff,

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No. 2:16-cv-0703 JAM AC P

v.

ORDER

BRIAN DUFFY, et al.,

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Defendants.

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Plaintiff has filed his first amended complaint. ECF No. 31. Both the face sheet of the

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complaint and plaintiff’s request for a copy of the complaint state that it is eight pages long (id. at

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1; ECF No. 32), but only six pages were received. It further appears that one of the missing pages

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was the signature page, and the first amended complaint is not signed as required by Federal Rule

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of Civil Procedure 11(a). Plaintiff will therefore be provided a copy of his first amended

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complaint and an opportunity to submit either the missing pages, which must include his

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signature, or a complete, signed copy of the complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for a copy of the first amended complaint (ECF No. 32) is granted

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and the Clerk of the Court is directed to send plaintiff a copy of the first amended complaint (ECF

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No. 31).

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2. Within twenty-one days of service of this order, plaintiff shall file either (1) the

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missing two pages of his first amended complaint, which must include his signature, or (2) a

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complete, signed copy of the first amended complaint. Failure to comply with this order will

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result in a recommendation that this action be dismissed.

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DATED: March 6, 2019

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