IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 18, 2010
DAVID HASSEL, ET AL. PLAINTIFFS,
D.K. SISTO, ET AL. DEFENDANTS.
Plaintiffs are state prisoners proceeding through counsel with an action under 42 U.S.C. § 1983. The court previously screened the complaint under 28 U.S.C. § 1915A and ordered service on defendants Sisto and Traquina, who have filed a motion to dismiss pursuant to Federal Rule Civil Procedure 12(b)(6). The court heard the motion on November 17, 2010.
For the reasons stated at the hearing, the court finds that dismissal of the original complaint with leave to amend is appropriate.*fn1 Plaintiffs' amended complaint is due no later than December 1, 2010. Furthermore, as stated at the hearing of November 17, any pleadings filed beyond the court's deadline without leave will subject the filing party to sanctions, including the possibility that the submitted document will be stricken.
Accordingly, IT IS HEREBY ORDERED that:
1. The motion to dismiss (Docket No. 20) is granted, with leave to amend.
2. Plaintiffs shall file their amended complaint no later than December 1, 2010.