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Johnson v. San Diego Metropolitan Trolley Systems

December 10, 2007

ANTHONY RASHAD JOHNSON #F-39513, PLAINTIFF,
v.
SAN DIEGO METROPOLITAN TROLLEY SYSTEMS; AND A. CAMPBELL, DEFENDANTS.



The opinion of the court was delivered by: Cathy Ann Bencivengo United States Magistrate Judge

ORDER CONDITIONALLY DENYING MOTION TO DISMISS THE FOURTH AMENDED COMPLAINT AS MOOT [Doc. No. 47]

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. On November 5, 2007, Defendants San Diego Trolley, Inc., and Metropolitan Transit Development Board aka San Diego Metropolitan Transit System filed a motion to dismiss the fourth amended complaint. [Doc. No. 47.] On December 3, 2007, Plaintiff filed a motion for leave to file a fifth amended complaint. [ Doc. No. 51.]

On December 10, 2007, this court granted Plaintiff leave to file a (new) fifth amended complaint. [Doc. No. 52.] Plaintiff has until January 25, 2008, within which to file a (new) fifth amended complaint.

Upon Plaintiff's filing of a (new) fifth amended complaint, Defendants' pending motion to dismiss the fourth amended complaint will be denied as moot. If Plaintiff does not timely file a (new) fifth amended complaint, then Defendants' motion to dismiss the fourth amended complaint will be put back on calendar for immediate resolution.

IT IS SO ORDERED.

20071210

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