Gifford v. Puckett, et al

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 6/17/16: Plaintiff's First Amended Complaint 5 , is DISMISSED. Plaintiff is granted thirty days from the date of this order to file an amended complaint. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROGER GIFFORD,

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Plaintiff,

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No. 2:16-cv-0955 TLN AC (PS)

v.

ORDER

ROBERT PUCKETT, SR., et al.,

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Defendants.

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Plaintiff is proceeding in this action pro se and in forma pauperis. This proceeding was

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referred to the undersigned by E.D. Cal. R. (“Local Rule”) 302(c)(21).
On May 26, 2016, the undersigned dismissed plaintiff’s original complaint because it

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violated Fed. R. Civ. P. (“Rule”) 8, and granted plaintiff leave to amend. ECF No. 3. The

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original complaint consisted of 84 pages of allegations and 40 pages of exhibits. See ECF No. 1.

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Plaintiff has now filed a First Amended Complaint. ECF No. 5.
The First Amended Complaint, however, is nearly identical to the original complaint. It

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contains the same 84 pages of allegations, although it corrects a paragraph numbering error in the

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original complaint, omits the 40 pages of exhibits and includes a table of contents. See ECF

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No. 5.

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For the reasons set forth in the court’s prior order (ECF No. 3), the First Amended
Complaint will also be dismissed on Rule 8 grounds, with leave to amend. However, plaintiff
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will be ordered to limit any amended complaint to 25 pages.

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Plaintiff is again cautioned that his complaint must contain a “short and plain statement”

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of the basis for federal jurisdiction (that is, the reason the case is filed in this court, rather than in

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a state court), as well as a short and plain statement showing that plaintiff is entitled to relief (that

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is, who harmed the plaintiff, and in what way). See “Rule 8” of the Federal Rules of Civil

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Procedure (Fed. R. Civ. P. 8); Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002) (“Rule

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8(a) is the starting point of a simplified pleading system, which was adopted to focus litigation on

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the merits of a claim”). Forms are available to help pro se plaintiffs organize the complaint in the

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proper way. They are available at the Clerk’s Office, 501 I Street, 4th Floor, Sacramento, CA

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95814, or online at www.uscourts.gov/forms/pro-se-forms.

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For the reasons stated above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s First Amended Complaint (ECF No. 5), is DISMISSED for failure to

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comply with Rule 8; and

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2. Plaintiff is granted thirty days from the date of this order to file an amended complaint

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that complies with the requirements of the Federal Rules of Civil Procedure, and the Local Rules

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of this court.

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a. The amended complaint must not exceed 25 pages in length. Plaintiff shall

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not evade the page requirement by using small type or otherwise failing to comply with Local

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Rule 130 (general format of documents), or by placing allegations in attachments or exhibits, or

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by any other means.

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b. The amended complaint must bear the docket number assigned this case and
must be labeled “Second Amended Complaint.”
c. Failure to comply with this order may result in a recommendation that this

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action be dismissed.

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DATED: June 17, 2016

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