Motakabbir v. Federal National Mortgage Association

Filing 4

ORDER STRIKING INCOMPLETE FILINGS 1 3 with leave to amend. Plaintiff shall file consent or declination by 11/29/2012. Signed by Judge Nathanael Cousins on 11/15/12. (Attachments: # 1 Consent/Declination, # 2 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 11/15/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAAMI ABDOL MOTAKABBIR,
Plaintiff,

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Case No. 12-cv-5710 NC
ORDER STRIKING INCOMPLETE
FILINGS

v.
Re: Dkt. Nos. 1, 3
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Defendant.

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Plaintiff Jaami Abdol Motakabbir filed a one-page complaint for civil rights

19 violations under 28 U.S.C. §§ 1331 and 1343 on November 6, 2012. Dkt. No. 1. Plaintiff
20 also filed a “stipulation for filing of amended complaint, ” stating that the amended
21 complaint was attached, which it was not. Dkt. No. 3. Because the filings are incomplete,
22 the Court STRIKES Dkt. Nos. 1 and 3 with leave to amend.
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Federal Rule of Civil Procedure 15(a)(1) allows a party to amend a pleading once as a

24 matter of course within 21 days after service of a responsive pleading or motion under Rule
25 12(b), (e), or (f), whichever is earlier. Fed. R. Civ. P. 15(a)(1)(B). Accordingly, plaintiff
26 may file an amended complaint once without first seeking court permission. In addition,
27 plaintiff must consent or decline to the jurisdiction of a magistrate judge by November 29,
28 2012. See attached consent/declination forms.
Case No. 12-cv-05710 NC
ORDER STRIKING
INCOMPLETE FILINGS

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In light of his pro se status, the Court advises plaintiff that he may wish to seek

2 assistance from the Legal Help Center, a free service of the Volunteer Legal Services
3 Program, by calling 415.782.9000 x8657 or signing up for an appointment on the 15th floor
4 of the Courthouse, Room 2796. At the Legal Help Center, plaintiff may speak with an
5 attorney who may be able to provide basic legal help, but not legal representation. The
6 Court also urges plaintiff to obtain a copy of the Pro Se Handbook, available free of charge
7 from the Court’s website (www.cand.uscourts.gov) or in the Clerk’s Office on the 16th
8 Floor, 450 Golden Gate Avenue, San Francisco, CA.
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IT IS SO ORDERED.
Date: November 15, 2012

_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 12-cv-05710 NC
ORDER STRIKING
INCOMPLETE FILINGS

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