McBrien v. United States

Filing 14

ORDER Requiring Plaintiff to File an Amended Complaint and Resetting Case Management Conference. 4/20/2012 Case Management Conference CONTINUED to 9/21/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco. Case Management Statement due by 9/14/2012. Signed by Judge Edward M. Chen on 4/4/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 4/4/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KAREN MCBRIEN,

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For the Northern District of California

United States District Court

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Plaintiffs,
v.
UNITED STATES, et al.,

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No. C-11-5605 EMC
ORDER REQUIRING PLAINTIFF TO
FILE AN AMENDED COMPLAINT AND
RESETTING CASE MANAGEMENT
CONFERENCE

Defendants.
___________________________________/

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Plaintiff Karen McBrien sent a letter to the Court on March 29, 2012, requesting a

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continuance of the April 20, 2012 Case Management Conference and other miscellaneous relief.

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In its prior order denying Plaintiff’s application to proceed in forma pauperis, the Court sua

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sponte dismissed the majority of Plaintiff’s complaint with prejudice. Docket No. 11 at 4.

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Accordingly, the only claim remaining in this case is Plaintiff’s 42 U.S.C. § 1983 claim based on the

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alleged use of excessive force by a San Francisco sheriff.

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Since the Court’s denial of Plaintiff’s application, Plaintiff has failed to pay her filing fees

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and serve Defendants with her complaint. The Court finds that for this case to proceed, Plaintiff

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must complete the following:

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1.

File an amended complaint within 30 days of this order, limited to Plaintiff’s 42

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U.S.C. § 1983 claim based on the use of excessive force by a San Francisco sheriff.

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The amended complaint must name as defendants only those parties responsible for

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this act.

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2.

Pay the required filing fees when filing her amended complaint.

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3.

Serve the named defendants with the amended complaint and file proof of service
within 90 days of this order.

The Court warns that failure to comply with these requirements will result in the dismissal of
Plaintiff’s case with prejudice.
The Case Management Conference set for April 20, 2012 is reset for September 21, 2012 at

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9:00 a.m. before District Judge Edward M. Chen, Courtroom 5, 17th Floor, Federal Building,

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450 Golden Gate Avenue, San Francisco, CA 94102. The Court denies all other relief sought by

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Plaintiff in her March 29, 2012 letter.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: April 4, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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