Herzog v. O'Niel

Filing 47

MEMORANDUM AND ORDER - No later than February 28, 2011, Plaintiff shall file an amended complaint in Case Number 8:10CV313. The amended complaint shall contain all of Plaintiff's claims, including those presented in Case Number 8:10CV381. Any cl aims not contained in the amended complaint will be deemed abandoned. All further pleadings shall be filed in Case Number 8:10CV313. In the event that Plaintiff files an amended complaint in accordance with this Memorandum and Order, the court will d ismiss Case Number 8:10CV381 and the portion of the filing fee paid in that case will be applied to Case Number 8:10CV313. If Plaintiff fails to file an amended complaint in accordance with this Memorandum and Order, Case Numbers 8:10CV313 and 8:10CV 381 may be dismissed without further notice. All pending motions in Case Numbers 8:10CV313 and 8:10CV381 are denied without prejudice to reassertion until after Plaintiff files an amended complaint in accordance with this Memorandum and Order. The Cl erk of the court is directed to set a pro se case management deadline in this case with the following text: February 28, 2011: deadline for Plaintiff to file amended complaint. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(AOA)