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Exmundo v. Scribner

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 13, 2010

EMELITO EXMUNDO, PLAINTIFF,
v.
A. K. SCRIBNER, ET AL., DEFENDANTS.

ORDER SEVERING PLAINTIFF'S CASES, AND DIRECTING CLERK'S OFFICE TO REOPEN

ORDER REQUIRING PLAINTIFF TO FILE AN AMENDED COMPLAINT THIRTY-DAY DEADLINE

Plaintiff Emelito Exmundo ("Plaintiff") is a state prisoner who is proceeding pro se and in forma pauperis in these civil rights actions pursuant to 42 U.S.C. § 1983. On March 31, 2009, an order was issued consolidating cases 1:06-cv-00205-AWI-GBC and 1:07-cv-01714-LJO-SMS. (Doc. 27.) Upon reviewing the cases it has been determined that although both cases allege some similar incidents, case 1:07-cv-01714-LJO-SMS includes unrelated claims against different defendants that may not be joined with 1:06-cv-0205-AWI-GBC.

Based on the foregoing it is HEREBY ORDERED that:

1. Cases 1:06-cv-00205-AWI-GBC PC and 1:07-cv-01714-LJO-SMS PC be severed; and

2. The Clerk's Office is ordered to:

a. Reopen case 1:07-cv-01714; and

b. Designate cases 1:06-cv-00205-AWI-GBC and 1:07-cv-01714 as related; and

c. Assign the actions to the same district judge and magistrate judge; and

d. Send Plaintiff a civil rights complaint form; and

e. File a copy of this order in case 1:07-cv-01714-LJO-SMS; and

3. Within thirty (30) days from the date of service of this order, Plaintiff shall file an amended complaint in case 1:07-cv-01714-LJO-SMS; and

a. The amended complaint is not to exceed 10 pages; and

b. The amended complaint must comply with the Federal Rules of Civil Procedure and the Local Rules; and

4. If Plaintiff fails to file an amended complaint in compliance with this order, 1:07-cv-01714 will be dismissed for failure to state a claim.

IT IS SO ORDERED.

20101013

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