Noel v. Unknown

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/16/18, ORDERING that the court's 4 order and findings and recommendations are VACATED. No later than 8/31/2018, plaintiff shall file an amended complaint. The Clerk shall serve a copy of the court's 3 order with this order. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEFRANTZE LUCAS NOEL,

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No. 2:18-cv-01687-JAM-CKD (PS)

Plaintiff,
v.

ORDER

UNKNOWN.,

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Defendants.

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On July 30, 2018, after plaintiff missed the court-ordered deadline to file an amended

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complaint (see ECF No. 3), the undersigned recommended dismissal of this matter, pursuant to

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Federal Rule of Civil Procedure 41(b). (ECF No. 4.) Plaintiff subsequently filed objections to

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the recommendation, and explained that he did not receive the court’s prior order, due to a change

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in address. (See ECF No. 5.)

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Therefore, in light of plaintiff’s pro se status, his recent appearance, and the court’s desire

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to have this matter resolved on its merits, plaintiff is afforded another opportunity to amend the

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complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The court’s July 30, 2018 order and findings and recommendations (ECF No. 4) are

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VACATED.
2. No later than August 31, 2018, plaintiff shall file an amended complaint that complies
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with the terms of the court’s June 14, 2018 order (ECF No. 3).
3. The Clerk of Court shall serve a copy of the court’s June 14, 2018 order (ECF No. 3),
with this order.
4. Failure to comply with all the terms and deadlines of this order may result in dismissal
of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).
Dated: August 16, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/18-1687.noel.vf&r

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