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Estevez v. Lunsford

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 1, 2010

JESUS ESTEVEZ, [KERN COUNTY SUPERIOR COURT CASE #S-1500-CL-237357] PLAINTIFF,
v.
ERIC LUNSFORD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER FOR DEFENDANTS TO SUBMIT A FILE-STAMPED COPY OF THE FIRST AMENDED COMPLAINT FILED BY PLAINTIFF AT KERN COUNTY SUPERIOR COURT THIRTY DAY DEADLINE

This is a civil action filed by plaintiff Jesus Estevez ("Plaintiff"), a state prisoner proceeding pro se. This action was initiated by civil complaint filed by Plaintiff in the Kern County Superior Court on April 2, 2009 (case #S-1500-CL-237357). On August 11, 2010, defendants Eric Lunsford and T. Shelton ("Defendants") removed the case to federal court by filing a Notice of Removal of Action pursuant to 28 U.S.C. § 1441(b). (Doc. 1.)

In the Notice of Removal of Action, Defendants assert that "[O]n or about July 9, 2010, Plaintiff filed a First Amended Complaint in this matter," and that "[A] true and correct copy of Plaintiff's First Amended Complaint is attached as Exhibit 'B.' " However, the copy of the First Amended Complaint submitted as Exhibit "B" is not file-stamped by the Kern County Superior Court with the date of filing. The district court requires a copy of the file-stamped First Amended Complaint.

Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of service of this order, Defendants shall file a Notice of Submission of Documents, together with a true and correct copy of Plaintiff's First Amended Complaint filed in Kern County Superior Court case #S-1500-CL-237357, file-stamped by the Kern County Superior Court with the date of filing.

IT IS SO ORDERED.

20100901

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