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Jacob v. Countrywide Home Lender

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 27, 2009

BERHANU JACOB, PLAINTIFF,
v.
COUNTRYWIDE HOME LENDER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge

ORDER DENYING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE IN LIGHT OF AMENDED COMPLAINT; ORDER DISMISSING AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM

On August 10, 2009, Plaintiff, proceeding pro se, filed a motion for summary judgment. On August 25, 2009, the Court received from Plaintiff an Amended Complaint which appears to state different claims than the original Complaint. In light of the Amended Complaint, the Court DENIES the pending motion for summary judgment without prejudice. Furthermore, the Court DISMISSES Plaintiff's Amended Complaint for failure to state a claim. The Amended Complaint is largely incomprehensible and does not provide the Court with any idea of what Plaintiff claims each defendant did to violate his rights under federal law and/or state law.

The Court grants Plaintiff leave to file a Second Amended Complaint correcting the deficiencies noted above. The Second Amended Complaint must clearly and concisely describe what law(s) each defendant allegedly violated, what the defendant did to violate the law, how Plaintiff was harmed by the defendant(s) actions, and what relief Plaintiff claims he is entitled to. The Second Amended Complaint must be filed on or before September 28, 2009. Failure to do so will result in the closing of this case.

IT IS SO ORDERED.

20090827

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