Aljindi v. Northcentral University

Filing 60

ORDER signed by Magistrate Judge Kendall J. Newman on 4/19/2018 DENYING 59 request to reconsider and vacate the court's 2/23/2018 order , VACATING 58 Findings and Recommendations. Plaintiff shall pay a total of $100 in monetary sanct ions in increments of $20, with payments to be received by the Clerk of Court no later than the following dates: 5/10/2018; 6/7/2018; 7/5/2018; 8/9/2018; and 9/6/2018. No later than 5/10/2018, plaintiff shall file a second amended complain t that complies with the terms of the 57 Order. ALTERNATIVELY, and IN LIEU OF paying the monetary sanctions and filing a second amended complaint, plaintiff may file a notice of voluntary dismissal of the action without prejudice no later than 5/10/2018. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AHMAD J. ALJINDI,

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No. 2:17-cv-01990-JAM-KJN PS

Plaintiff,
v.

ORDER

NORTHCENTRAL UNIVERSITY,
Defendant.

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On March 30, 2018, the undersigned recommended that this action be dismissed pursuant

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to Federal Rule of Civil Procedure 41(b), based upon plaintiff’s failure to file a second amended

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complaint or notice of voluntary dismissal by March 23, 2018, as the court had previously

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ordered. (See ECF Nos. 57, 58.)

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On April 16, 2018, plaintiff filed objections to the undersigned’s findings and

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recommendations. (ECF No. 59.) Plaintiff does not explain why he has not filed a second

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amended complaint, nor does he request additional time to file such a pleading. Rather, plaintiff

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reasserts arguments previously brought before the court, apparently seeking reconsideration of the

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court’s February 23, 2018 order denying plaintiff’s motion for default judgment and motion to

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transfer venue, and granting defendant’s motion to dismiss. (See ECF No. 59.) This apparent

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request for reconsideration is denied because plaintiff has not presented any changes in fact or

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law. However, in light of plaintiff’s pro se status and his recent appearance in this matter, the
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court will afford plaintiff one final opportunity to amend his complaint.

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In an effort to attempt lesser measures, while simultaneously underscoring the importance

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of complying with the court’s orders, the court also imposes $100 in sanctions on plaintiff due to

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his failure to follow the court’s February 23, 2018 order (ECF No. 57). The court is sympathetic

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to the fact that plaintiff proceeds in forma pauperis. As such, plaintiff may pay the sanctions in

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increments, as outlined in this order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request (ECF No. 59) to reconsider and vacate the court’s February 23,

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2018 order is DENIED.
2. The court’s March 30, 2018 order and findings and recommendations (ECF No. 58) is

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VACATED.

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3. Plaintiff shall pay a total of $100 in monetary sanctions in increments of $20, with

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payments to be received by the Clerk of Court no later than the following dates: May

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10, 2018; June 7, 2018; July 5, 2018; August 9, 2018; and September 6, 2018.

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4. No later than May 10, 2018, plaintiff shall file a second amended complaint that

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complies with the terms of the court’s February 23, 2018 order (ECF No. 57).

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5. Alternatively, and in lieu of paying the monetary sanctions and filing a second

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amended complaint, plaintiff may file a notice of voluntary dismissal of the action

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without prejudice no later than May 10, 2018.1

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6. Failure to comply with all the terms and deadlines of this order may result in dismissal

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of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: April 19, 2018

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14/ps.17-1990.aljindi.vfrs

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Nothing in this order requires plaintiff to dismiss the action, nor does the court necessarily
suggest that plaintiff should dismiss the action. It is merely offered as a potential alternative,
should plaintiff conclude that he is unable to cure the deficiencies of the first amended complaint
in compliance with Federal Rule of Civil Procedure 11.
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