Hollis v. Tell
Filing
37
ORDER signed by District Judge Otis D. Wright, II on 5/14/11 ORDERING this matter is dismissed.(Matson, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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ROBERT D. HOLLIS,
Plaintiff,
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vs.
No. 2:08-CV-01825 ODW
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ORDER OF DISMISSAL
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E. TELL,
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Defendant.
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___________________________ )
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On August 6, 2008 Defendant, the only served defendant, removed this
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action from the Sacramento County Superior Court. Thereafter, pursuant to
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28 U.S.C. §1915(b)(1) the court conducted a screening of the complaint.
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Following that review, the court concluded that this suit was legally
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frivolous (See decision [5] at p. 3.) The Complaint was dismissed, however,
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Plaintiff was given leave to file an amended complaint, although the court
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expressed doubt that the pleading deficiencies discussed in the order could
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be cured. An amended complaint, if indeed plaintiff chose to do so, was to
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have been filed within 30 days of the Order entered September 10, 2008. A
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careful review of the docket reveals there is no operative complaint on file.
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Plaintiff has requested and been provided with copies of the docket, all of
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which reflect the 2008 order requiring an amended complaint.
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Plaintiff’s most recent filing requesting remand, attaches as an exhibit a copy
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of the docket, thus it is inescapable that Plaintiff has been on notice for some
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time that an amended complaint was required over two and a half years ago.
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Instead of filing a new pleading, Plaintiff continually requests that this matter
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be remanded to state court, but provides no legal rationale which would
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Indeed,
require remand.
For failure to file an amended complaint as ordered by the court, this
matter is hereby DISMISSED.
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DATED: May 14, 2011
______________________________
OTIS D. WRIGHT, II, DISTRICT JUDGE
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