John Archer v. CC 1 Pixley et al, No. 2:2017cv04822 - Document 49 (C.D. Cal. 2019)

Court Description: MEMORANDUM DECISION AND ORDER DISMISSING FOURTH AMENDED COMPLAINT 48 WITH LEAVE TO AMEND by Magistrate Judge Maria A. Audero. The Court DISMISSES the Fourth Amended Complaint WITH LEAVE TO AMEND. Plaintiff is ORDERED within 30 days after the dat e of this Order to either (1) file a Fifth Amended Complaint, or (2) advise the Court that Plaintiff does not intend to file a Fifth Amended Complaint. Plaintiff is strongly encouraged to utilize the standard civil rights complaint form attached to this order to file his Fifth Amended Complaint. Failure to timely file a Fifth Amended Complaint or timely advise the Court that Plaintiff does not intend to file a Fifth Amended Complaint, will result in a recommendation that this action be dismiss ed for failure to prosecute and/or failure to comply with court orders pursuant to Fed. R. Civ. P. 41(b). If Plaintiff no longer wishes to pursue this action in its entirety or with respect to particular Defendants, he voluntarily may dismiss this action or particular Defendants by filing a Notice of Dismissal, which is also attached. (Attachments: # 1 Civil Rights Complaint form, # 2 Notice of Dismissal form) (csi)

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John Archer v. CC 1 Pixley et al Doc. 49 Att. 2 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER Plaintiff(s), v. Defendant(s). NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c) PLEASE TAKE NOTICE: (Check one) G This action is dismissed by the Plaintiff(s) in its entirety. G The Counterclaim brought by Claimant(s) dismissed by Claimant(s) in its entirety. is G The Cross-Claim brought by Claimants(s) dismissed by the Claimant(s) in its entirety. is G The Third-party Claim brought by Claimant(s) dismissed by the Claimant(s) in its entirety. is G ONLY Defendant(s) is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim brought by . The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c). Date Signature of Attorney/Party NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive pleading or prior to the beginning of trial. CV-09 (03/10) NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c) Dockets.Justia.com

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