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Lopez v. Florez

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


June 24, 2010

ANDREW R. LOPEZ, PLAINTIFF,
v.
FLOREZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER

Plaintiff Andrew R. Lopez ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On February 19, 2010, the Court dismissed Plaintiff's complaint for failure to state any claims upon which relief can be granted under Section 1983. (Doc. #15.) The Court provided Plaintiff with leave to file an amended complaint. The amended complaint was due within thirty (30) days of the date of service of the February 19, 2010 order.

Plaintiff has not filed an amended complaint. Instead, Plaintiff filed objections, pursuant to Federal Rule of Civil Procedure 72(a) requesting that the February 19, 2010 order be vacated. Plaintiff's request was denied on June 23, 2010. (Doc. #19.) To the extent that Plaintiff wishes to file an amended complaint, Plaintiff must file it within thirty (30) days of the date of service of this order.

Accordingly, it is HEREBY ORDERED that:

1. Within thirty (30) days from the date of service of this order, Plaintiff shall file an amended complaint; and

2. If Plaintiff fails to file an amended complaint, the Court will recommend that this action be dismissed, with prejudice, for failure to state a claim.

IT IS SO ORDERED.

20100624

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