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McNEAL v. DUMANIS

United States District Court, S.D. California


December 20, 2005.

BRIAN STEVEN McNEAL, Plaintiff,
v.
BONNIE DUMANIS, et al., Defendant.

The opinion of the court was delivered by: BARRY MOSKOWITZ, District Judge

ORDER DISMISSING COMPLAINT

On December 13, 2005, Plaintiff commenced this action. However, Plaintiff did not pay the filing fee or file a motion to proceed in forma pauperis. In addition, Plaintiff's complaint fails to state a claim. It appears that Plaintiff is proceeding under 28 U.S.C. ยง 1651, the All Writs Act. However, the Complaint is nonsensical and does not reveal any grounds for granting any type of relief. Accordingly, the Court dismisses the Complaint. However, the Court gives Plaintiff leave to file an amended complaint that states a legitimate claim. The amended complaint must be filed on or before January 23, 2006. The amended complaint must be accompanied by the filing fee or a motion to proceed in forma pauperis. If Plaintiff does not file an amended complaint and filing fee or motion to proceed in forma pauperis by the aforementioned deadline, this case will be closed.

IT IS SO ORDERED.

20051220

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