Martin v. Sullivan et al
Filing
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ORDER STRIKING 49 Second Amended Complaint; Twenty Day Deadline signed by Magistrate Judge Sandra M. Snyder on 6/24/2011. Motion for Leave to Amend and Amended Complaint Due by 7/20/2011. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RUSSELL MARTIN,
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CASE NO. 1:06-cv-00906-SMS PC
Plaintiff,
ORDER STRIKING SECOND AMENDED
COMPLAINT
v.
(ECF No. 49)
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BRYANT,
TWENTY DAY DEADLINE
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Defendant.
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Plaintiff Russell Martin (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On February 24, 2011, an order
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issued granting Defendant’s motion for summary judgment and dismissing Plaintiff’s complaint for
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failure to state a claim. Plaintiff was informed that, if he wished to file an amended complaint, he
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would need to file a motion for leave to amend and an amended complaint within thirty days. On
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March 31, 2011, Plaintiff was granted an additional thirty days to file his motion and amended
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complaint. Plaintiff filed a second amended complaint on May 9, 2011, however did not file a
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motion for leave to amend. In the order issued dismissing the complaint, Plaintiff was instructed that
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his motion seeking leave to amend must specifically identify the additional facts or legal theories
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plead in his amended complaint and explain how those facts or theories cure the deficiencies in the
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order issued February 24, 2011. Since Plaintiff has failed to file a motion requesting leave to amend
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in compliance with the order the second amended complaint shall be stricken from the record.
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Accordingly, it is HEREBY ORDERED that:
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1.
Plaintiff’s second amended complaint is STRICKEN from the record;
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Plaintiff is granted twenty days from the date of service of this order to file a motion
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for leave to amend and an amended complaint. Plaintiff is advised that no further
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extensions of time shall be granted; and
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3.
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prejudice, for failure to state a claim.
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Failure to comply with this order shall result in the action being dismissed, with
IT IS SO ORDERED.
Dated:
cm411
June 24, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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