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Rodriguez v. Schwarzenegger

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 22, 2009

LUIS VALENZUELA RODRIGUEZ, PLAINTIFF,
v.
ARNOLD SCHWARZENEGGER, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Alfred T. Goodwin United States Circuit Judge

ORDER REGARDING PLAINTIFF'S FOURTH AMENDED COMPLAINT AND PLAINTIFF'S MOTION FOR PRELIMINARY AND OR PROSPECTIVE PERMANENT INJUNCTION

Now before the Court are Plaintiff Luis Valenzuela Rodriguez's ("Plaintiff") Request for Ruling on Plaintiff's Fourth Amended Complaint,*fn1 and Plaintiff's Notice of Motion for Preliminary and or Prospective Permanent Injunction.

On December 1, 2009, this Court vacated the filing of the October 29, 2009 Amended Complaint for Plaintiff's failure to comply with Federal Rule of Civil Procedure 15(a). We granted Plaintiff thirty-five (35) days to obtain Defendants' written consent or seek leave from the Court if he wishes to refile his Amended Complaint. Although Plaintiff has not done so, the instant Request for Ruling on Plaintiff's Fourth Amended Complaint makes it clear that Plaintiff still wishes to amending the currently-operative Amended Complaint. Accordingly, we grant Plaintiff an extension of twenty-one (21) days from the original January 5, 2010 deadline in which to obtain Defendants' written consent or seek leave from the Court to file an amended complaint.

In our December 1, 2009 Order vacating the filing of Plaintiff's October 29, 2009 Amended Complaint, we also denied Defendants' Request for Screening of Fourth Amended Complaint as moot. Therefore, Plaintiff's instant Request for Ruling on Plaintiff's Fourth Amended Complaint, in which he asks us to consider certain factors when we screen his October 29, 2009 Amended Complaint, is likewise DENIED as moot.

On December 15, 2009, Plaintiff filed a Notice of Motion for Preliminary and or Prospective Permanent Injunction. Defendants SHALL respond to this Motion within thirty-five (35) days hereof.


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