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Dominguez v. Osgood

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


April 6, 2010

RAUL JESUS DOMINGUEZ, PLAINTIFF,
v.
JEFF OSGOOD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983.

On January 25, 2010, plaintiff's complaint was dismissed and plaintiff was granted 30 days to file an amended complaint. Plaintiff did not file an amended complaint, but instead filed on February 19, 2010, a motion for the case to be assessed that the court interpreted as a request to screen the complaint. On March 5, 2010, the court reminded plaintiff that his complaint had been dismissed with leave granted to file an amended complaint and the court was waiting for the amended complaint. The court granted plaintiff 14 days to file an amended complaint and warned that failure to file an amended complaint could result in a dismissal of this case.

Rather than file an amended complaint per the court's orders, plaintiff filed on March 18, 2010, another motion to amend the complaint. Plaintiff is advised to read the court's orders and follow the court's orders. Plaintiff will be given one final extension to file an amended complaint. Plaintiff has 14 days from the date of the service of this order to file an amended complaint. Plaintiff shall not file any more requests to amend the complaint. Failure to file an amended complaint will result in an order dismissing this action.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff is granted 14 days from service of this order to file an amended complaint.

2. Plaintiff's motion to amend the complaint (Dkt. No. 11) is vacated.

20100406

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