(PS) Aljindi v. Northcentral University, No. 2:2017cv01990 - Document 60 (E.D. Cal. 2018)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 4/19/2018 DENYING 59 request to reconsider and vacate the court's 2/23/2018 order , VACATING 58 Findings and Recommendations. Plaintiff shall pay a total of $100 in monetary sanct ions in increments of $20, with payments to be received by the Clerk of Court no later than the following dates: 5/10/2018; 6/7/2018; 7/5/2018; 8/9/2018; and 9/6/2018. No later than 5/10/2018, plaintiff shall file a second amended complain t that complies with the terms of the 57 Order. ALTERNATIVELY, and IN LIEU OF paying the monetary sanctions and filing a second amended complaint, plaintiff may file a notice of voluntary dismissal of the action without prejudice no later than 5/10/2018. (York, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AHMAD J. ALJINDI, 12 13 14 15 No. 2:17-cv-01990-JAM-KJN PS Plaintiff, v. ORDER NORTHCENTRAL UNIVERSITY, Defendant. 16 17 On March 30, 2018, the undersigned recommended that this action be dismissed pursuant 18 to Federal Rule of Civil Procedure 41(b), based upon plaintiff’s failure to file a second amended 19 complaint or notice of voluntary dismissal by March 23, 2018, as the court had previously 20 ordered. (See ECF Nos. 57, 58.) 21 On April 16, 2018, plaintiff filed objections to the undersigned’s findings and 22 recommendations. (ECF No. 59.) Plaintiff does not explain why he has not filed a second 23 amended complaint, nor does he request additional time to file such a pleading. Rather, plaintiff 24 reasserts arguments previously brought before the court, apparently seeking reconsideration of the 25 court’s February 23, 2018 order denying plaintiff’s motion for default judgment and motion to 26 transfer venue, and granting defendant’s motion to dismiss. (See ECF No. 59.) This apparent 27 request for reconsideration is denied because plaintiff has not presented any changes in fact or 28 law. However, in light of plaintiff’s pro se status and his recent appearance in this matter, the 1 1 court will afford plaintiff one final opportunity to amend his complaint. 2 In an effort to attempt lesser measures, while simultaneously underscoring the importance 3 of complying with the court’s orders, the court also imposes $100 in sanctions on plaintiff due to 4 his failure to follow the court’s February 23, 2018 order (ECF No. 57). The court is sympathetic 5 to the fact that plaintiff proceeds in forma pauperis. As such, plaintiff may pay the sanctions in 6 increments, as outlined in this order. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiff’s request (ECF No. 59) to reconsider and vacate the court’s February 23, 9 2018 order is DENIED. 2. The court’s March 30, 2018 order and findings and recommendations (ECF No. 58) is 10 11 VACATED. 12 3. Plaintiff shall pay a total of $100 in monetary sanctions in increments of $20, with 13 payments to be received by the Clerk of Court no later than the following dates: May 14 10, 2018; June 7, 2018; July 5, 2018; August 9, 2018; and September 6, 2018. 15 4. No later than May 10, 2018, plaintiff shall file a second amended complaint that 16 complies with the terms of the court’s February 23, 2018 order (ECF No. 57). 17 5. Alternatively, and in lieu of paying the monetary sanctions and filing a second 18 amended complaint, plaintiff may file a notice of voluntary dismissal of the action 19 without prejudice no later than May 10, 2018.1 20 6. Failure to comply with all the terms and deadlines of this order may result in dismissal 21 of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 22 23 IT IS SO ORDERED. Dated: April 19, 2018 24 14/ps.17-1990.aljindi.vfrs 25 26 27 28 1 Nothing in this order requires plaintiff to dismiss the action, nor does the court necessarily suggest that plaintiff should dismiss the action. It is merely offered as a potential alternative, should plaintiff conclude that he is unable to cure the deficiencies of the first amended complaint in compliance with Federal Rule of Civil Procedure 11. 2