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ASSOCIATES OF FAITH v. STATE

United States District Court, N.D. California


October 25, 2005.

ASSOCIATES OF FAITH and HARVEY BLIGHT, Plaintiffs,
v.
STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, THOMAS ORVIS, STATE BAR, Defendants.

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER DISMISSING ACTION

In the above-titled action, plaintiffs seek to proceed in forma pauperis. In an order filed July 29, 2005, the Court dismissed the complaint with leave to amend. The Court found plaintiffs had violated Rule 8 of the Federal Rules of Civil Procedure by failing to adequately allege a basis for the Court's jurisdiction, and by failing to include a prayer for relief. The Court further found that to the extent plaintiffs were seeking a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, they had failed to adequately allege they were in custody in violation of the Constitution or law or treaties of the United States, or that they had exhausted all remedies available to them in state court. Consequently, the Court dismissed the action, pursuant to 28 U.S.C. § 1915(e)(2), and afforded plaintiffs leave to file an amended complaint no later than August 26, 2005. On August 18, 2005, rather than file an amended complaint, plaintiffs filed an appeal with the Ninth Circuit Court of Appeals.*fn1 On September 21, 2005, the Ninth Circuit dismissed the appeal for lack of jurisdiction. In an order filed the following day, September 22, 2005, the Court extended to October 14, 2005 the deadline for plaintiffs to file an amended complaint. The Court further ordered that if plaintiffs failed to file an amended complaint by that date, the Court would dismiss the action with prejudice. To date, plaintiffs have not filed an amended complaint.

Accordingly, plaintiffs' motion to proceed in forma pauperis is hereby DENIED and the instant action is hereby DISMISSED with prejudice.

  IT IS SO ORDERED.

20051025

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