Johnson v. State of California et al

Filing 6

ORDER signed by Magistrate Judge Dennis M. Cota on 2/11/19. DIRECTING plaintiff to file a complaint consistent with Federal Rule of Civil Procedure 8 within 30 days of the date of this order. (Coll, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES EDWARD JOHNSON,

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Plaintiff,

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No. 2:18-CV-1724-MCE-DMC

v.

ORDER

STATE OF CALIFORNIA, et al.,

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Defendants.

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Plaintiff, who is proceeding pro se, has initiated this action with a notice of

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constitutional challenge to state laws and request for certification to the California Attorney

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General (Doc. 1). Under Federal Rule of Civil Procedure 5.1(a), a party must file a notice of

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constitutional question when the party “filed a pleading, written motion, or other paper drawing

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into question the constitutionality of a federal or state statute. . . .” Here, plaintiff has filed the

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notice required by Rule 5.1(a) but has not filed any operative pleading. Plaintiff shall file a

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complaint consistent with Federal Rule of Civil Procedure 8 within 30 days of the date of this

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order and is cautioned that failure to do so may result in dismissal of the action. See Local Rule

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110.

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IT IS SO ORDERED:

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Dated: February 11, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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