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Kirkpatrick v. Duncan

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 12, 2010

KIRKPATRICK
v.
DUNCAN ET AL.

The opinion of the court was delivered by: The Honorable Consuelo B. Marshall, United States District Judge

CIVIL MINUTES--GENERAL

ORDER SHOWING CAUSE Re: Complaint

JOSEPH LEVARIO ________N/A________

PROCEEDINGS:

Plaintiff Susan Kirkpatrick filed a "Complaint for Declaratory and Injunctive Relief" on March 12, 2010. [Docket No. 1.] Plaintiff's second cause of action is captioned a "Cause Of Action For Injunctive Relief."

Federal Rule of Civil Procedure 8 requires that complainant to plead "a short and plain statement of the claim showing that [she is] entitled to relief." Injunctive relief a remedy, not a cause of action. Accordingly, Plaintiff is hereby ordered to show cause no later than April 20, 2010, why her second cause of action should not be dismissed for failure to state a claim.

IT IS SO ORDERED.

20100412

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