Thornton v. Cate et al

Filing 22

ORDER Sua Sponte DISMISSING First Amended Complaint for Failing to State a Claim: Defendants Cate, Hernandez and Neotti are dismissed from this action. Plaintiff's First Amended Complaint is dismissed without prejudice for failing to state a cl aim upon which relief may be granted. Plaintiff is granted 45 days leave from the date this Order is filed in which to file a Second Amended Complaint which cures all the deficiencies of pleading noted. The Clerk of Court is directed to mail a court approved form § 1983 complaint to Plaintiff. Signed by Judge Janis L. Sammartino on 2/23/11.(All non-registered users served via U.S. Mail Service; 1983 form sent)(lmt)

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