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Galindo v. Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 4, 2010

JESSE GALINDO, PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER STRIKING SECOND AMENDED COMPLAINT FOR FAILURE TO COMPLY WITH RULE 8(A), AND REQUIRING PLAINTIFF TO FILE A THIRD AMENDED COMPLAINT NOT TO EXCEED TWENTY- FIVE PAGES IN LENGTH (Doc. 15) THIRTY-DAY DEADLINE

Plaintiff Jesse Galindo is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 2, 2009, the Court dismissed Plaintiff's amended complaint, with leave to amend, for failure to state any claims upon which relief may be granted. On December 28, 2009, Plaintiff filed a second amended complaint ninety-eight pages in length. Plaintiff's second amended complaint violates Federal Rule of Civil Procedure 8(a), and the Court's screening order.

Accordingly, it is HEREBY ORDERED that:

1. Plaintiff's second amended complaint is STRICKEN from the record for failure to comply with Rule 8(a);

2. Plaintiff has thirty (30) days from the date of service of this order within which to file a third amended complaint; and

3. The third amended complaint may not exceed twenty-five (25) pages in length, not including exhibits.

IT IS SO ORDERED.

20100104

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