Ragland v. U.S. Congress et al

Filing 9

ORDER - on August 17, 2007, the plaintiff wrote a letter to the undersigned seeking to amend the Complaint, 8 Letter; unfortunately the letter was not docketed until after the Court dismissed plaintiff's complaint; this case has been referred back to me to VACATE re 7 Judgment, and REOPEN this case. The plaintiff has 30 days from the date of this Order to file and Amended Complaint. The Amendment proposed in Plaintiff's August 17, 2007, letter is insufficient. Amended Pleadings due by 11/5/2007. Case Review Deadline 12/5/2007. Signed by Judge George H. Lowe on 10/4/07. Plaintiff served via USPS.(mnm, )

Ragland v. U.S. Congress et al

Doc. 9

Case 5:07-cv-00718-FJS-GHL

Document 9

Filed 10/04/2007

Page 1 of 2

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ____________________________________________ KIM RAGLAND, Plaintiff, v. U.S. CONGRESS, et al., Defendants. ____________________________________________ APPEARANCES: KIM RAGLAND, 03A1841 Plaintiff pro se Auburn Correctional Facility P.O. Box 618 Auburn, New York 13021 OF COUNSEL: 5:07-CV-0718 (FJS/GHL)

GEORGE H. LOWE, United States Magistrate Judge ORDER On July 24, 2007, Judge Scullin issued an order granting Plaintiff's application to proceed in forma pauperis. Judge Scullin noted, however, that Plaintiff's complaint fails to state a cause of action for declaratory relief because Plaintiff does not allege how the statutes that he alleges are unconstitutional have affected him. (Dkt. No. 5 at 2-3.) Judge Scullin ordered Plaintiff to file an amended complaint within 30 days. If Plaintiff failed to do so, Judge Scullin stated that the Court would dismiss the action without further order. (Dkt. No. 5 at 5.) On August 17, 2007, Plaintiff wrote a letter to the undersigned seeking to amend the complaint. (Dkt. No. 8.) Unfortunately, the letter was not docketed until after the Court dismissed Plaintiff's complaint in accordance with Judge Scullin's July 24, 2007, order. (Dkt.

Dockets.Justia.com

Case 5:07-cv-00718-FJS-GHL

Document 9

Filed 10/04/2007

Page 2 of 2

No. 7.) Judge Scullin has referred the matter to me to (1) reopen the case; (2) consider Plaintiff's letter; and (3) give Plaintiff additional time to comply with Judge Scullin's July 24, 2007, order. ACCORDINGLY, it is hereby ORDERED that the judgment entered on September 26, 2007 (Dkt. No. 7), is VACATED and the case REOPENED ; and it is further ORDERED that Plaintiff shall file an amended complaint within 30 days of the filing date of this order if he wishes to continue with this action. In any amended complaint that Plaintiff files with the Court, he must allege facts demonstrating that a legal controversy exists concerning a pending dispute that requires the Court to determine the constitutionality of the statutes that he seeks to challenge. The amendment proposed in Plaintiff's August 17, 2007, letter is insufficient.

Dated: October 4, 2007 Syracuse, New York

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