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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 KAREN MCBRIEN, 9 11 For the Northern District of California United States District Court 10 Plaintiffs, v. UNITED STATES, et al., 12 13 No. C-11-5605 EMC ORDER REQUIRING PLAINTIFF TO FILE AN AMENDED COMPLAINT AND RESETTING CASE MANAGEMENT CONFERENCE Defendants. ___________________________________/ 14 15 Plaintiff Karen McBrien sent a letter to the Court on March 29, 2012, requesting a 16 continuance of the April 20, 2012 Case Management Conference and other miscellaneous relief. 17 In its prior order denying Plaintiff’s application to proceed in forma pauperis, the Court sua 18 sponte dismissed the majority of Plaintiff’s complaint with prejudice. Docket No. 11 at 4. 19 Accordingly, the only claim remaining in this case is Plaintiff’s 42 U.S.C. § 1983 claim based on the 20 alleged use of excessive force by a San Francisco sheriff. 21 Since the Court’s denial of Plaintiff’s application, Plaintiff has failed to pay her filing fees 22 and serve Defendants with her complaint. The Court finds that for this case to proceed, Plaintiff 23 must complete the following: 24 1. File an amended complaint within 30 days of this order, limited to Plaintiff’s 42 25 U.S.C. § 1983 claim based on the use of excessive force by a San Francisco sheriff. 26 The amended complaint must name as defendants only those parties responsible for 27 this act. 28 2. Pay the required filing fees when filing her amended complaint. 1 2 3 4 5 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 6 9:00 a.m. before District Judge Edward M. Chen, Courtroom 5, 17th Floor, Federal Building, 7 450 Golden Gate Avenue, San Francisco, CA 94102. The Court denies all other relief sought by 8 Plaintiff in her March 29, 2012 letter. 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 12 Dated: April 4, 2012 13 _________________________ EDWARD M. CHEN United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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