Friede v. Prasak et al
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 7/24/07 ORDERING that Plaintiff's Second Amended Complaint is DISMISSED without prejudice; Plaintiff shall have 45 days from the date of this order to file a third Amended Complaint that co nforms to the requirements laid out in this order and the order found at ECF 3 . Plaintiff is advised that failure to conform to the requirements listed above may well result in a recommendation for dismissal of any further Amendment with prejudice. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KENT A. FRIEDE,
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No. 2:17-cv-00499 KJM GGH
Plaintiff,
v.
ORDER
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DEEPAR PRASAK, et al.
Defendants..
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Plaintiff, proceeding in this action pro se, filed his original complaint and Motion for IFP
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Status on March 8, 2017. ECF No. 1. On March 10, 2017 this court granted the Motion but
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dismissed the complaint with permission to amend within 30 days in conformity with
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requirements for the necessary scope of the amendment laid out in the Order. ECF No. 3. That
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Order is incorporated into the instant Order and should be again reviewed by plaintiff to file any
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further pleadings.
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On April 5, 2017 the plaintiff filed his First Amended Complaint, ECF No. 6, along with a
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Motion for Summary Judgment. ECF No. 7. On May 24, 2017 this court entered another Order
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that dismissed the First Amended Complaint with leave to amend, again in conformity with
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instructions included therein, and vacated the Motion for Summary Judgement as prematurely
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filed, giving the plaintiff 45 days in which to file a Second Amended Complaint drafted in
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conformity with the dictates of the Order. ECF No. 8
Plaintiff filed a Second Amended Complaint which is the subject of the instant order on
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July 7, 2017. At this point plaintiff has met some of the requirements of the two earlier
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referenced Orders but still falls short of complying completely with the elements of those Orders.
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Specifically, although plaintiff now states that his federal rights have been violated under Title
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VII and 42 U.S.C. section 3601 et seq. based upon the alleged facts that he suffers from a
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disability and, perhaps, racial discrimination. He also attempts to allege a supplemental state law
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claim for violation of California Civil Code section 1941.4 regarding the implied warranty of
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habitability. In order to perfect these claims he must do the following things in any further
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amendment:
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Identify the disability from which he suffers that allegedly led to his housing loss,
and/or his race and how it affected that loss if in fact he is alleging it did so;
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Plaintiff names a number of individual defendants but he does not state necessary
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facts regarding what action each named defendant took, when he or she took the action, and how
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the action impacted the federal rights that form the basis for his complaint;
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3.
State facts regarding his claim for breach of the implied warranty of habitability,
when the breach occurred, and how it affected the loss of housing about which he complains.
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As a result of the foregoing it IT IS HEREBY ORDERED that:
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1.
Plaintiff’s Second Amended Complaint is dismissed, without prejudice;
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2.
The plaintiff shall have 45 days from the date of this Order to file a Third
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Amended Complaint that conforms to the requirements laid out in this Order and the Order found
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at ECF No. 3.
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Plaintiff is advised that failure to conform to the requirements listed above may well result
in a recommendation for dismissal of any further Amendment with prejudice.
IT IS SO ORDERED.
Dated: July 24, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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