United States District Court, S.D. California
December 20, 2005.
BRIAN STEVEN McNEAL, Plaintiff,
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. § 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.
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