Gough-Adshima v. Schwarnegger et al

Filing 9

ORDER granting Plaintiff's 8 Second Motion to Reopen Case and File First Amended Complaint. Clerk directed to file First Amended Complaint, which is attached to Pla's Motion 8 , as a separate entry. Signed by Judge Irma E. Gonzalez on 6/29/2009. (All non-registered users served via U.S. Mail Service).(jah) (jrl).

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On May 29, 2008, Jeff Gough-Adshima ("Plaintiff"), a former state inmate and proceeding pro vs.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
JEFF S. GOUGH-ADSHIMA, CDCR #V-64431, Plaintiff,
Civil No. 08-0992 IEG (NLS)

ORDER GRANTING PLAINTIFF'S MOTION TO REOPEN CASE AND FILE FIRST AMENDED COMPLAINT [Doc. No. 8]

ARNOLD SCHWARZENEGGER, et al., Defendants.

21 se, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. The Court issued an Order on July 3, 22 2008 granting Plaintiff's Motion to Proceed in forma pauperis ("IFP") and sua sponte dismissed his 23 Complaint for failing to state a claim and for seeking money damages against immune Defendants. (See 24 July 3, 2008 Order at 6-7.) Plaintiff was given leave to file an Amended Complaint but never did so. 25 (Id.) On March 25, 2009, Plaintiff filed a "Motion to Vacate, Set Aside and Reopen the Civil 26 Proceedings" pursuant to FED.R.CIV.P. 60(b) [Doc. No. 5]. 27 / / / 28 / / /
K:\COMMON\EVERYONE\_EFILE-PROSE\IEG\08cv0992-Mtn Reopen.29Jun09

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08cv0992 IEG (NLS)

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On March 30, 2009, Plaintiff's Motion for Relief from Judgment [Doc. No. 5] pursuant to

2 FED.R.CIV.P. 60(b) was GRANTED. See Mar. 30, 2009 Order at 2. The Clerk of Court was directed 3 to reopen the case. Plaintiff was also granted forty five (45) days in which to file a First Amended 4 Complaint and he was informed that he must cure the deficiencies of pleading noted in the Court's July 5 3, 2008 Order. Id. 6
Plaintiff has now filed a "Motion to Reopen with Order to File Nunc Pro Tunc First Amended

7 Complaint" [Doc. No. 8]. He has also attached a declaration in which he describes his attempts to file 8 a First Amended Complaint. See Decl. of Jeff Gough at ¶¶ C-F. The Court will GRANT Plaintiff's 9 Motion to Reopen and permit Plaintiff to file the First Amended Complaint which is attached to his 10 Motion. The Clerk of Court is directed to enter into the docket, as a separate entry, the "First Amended 11 Civil Rights Complaint" beginning on page seven (7) of Plaintiff's Motion to Reopen [Doc. No. 8]. 12 13 IT IS SO ORDERED. 14 15 DATED: June 29, 2009 16 17 18 19 20 21 22 23 24 25 26 27 28
-208cv0992 IEG (NLS)

IRMA E. GONZALEZ, Chief Judge United States District Court

K:\COMMON\EVERYONE\_EFILE-PROSE\IEG\08cv0992-Mtn Reopen.29Jun09