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David M. David v. A. Gutierrez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 29, 2012

DAVID M. DAVID,
PLAINTIFF,
v.
A. GUTIERREZ, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

ORDER STRIKING COMPLAINT FOR FAILURE TO COMPLY WITH A COURT

ORDER

(ECF No. 23)

THIRTY-DAY DEADLINE

Plaintiff David M. David ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed an unsigned complaint in this action on January 3, 2011. (ECF No 1.) On May 10, 2011, an order issued striking Plaintiff's complaint for lack of a signature and granting Plaintiff thirty days in which to file a complaint in compliance with the order. (ECF No. 18.) In the order Plaintiff was advised that his complaint must comply with Federal Rules of Civil Procedure 8 and 18, was not to contain any legal argument or case citations, and could not exceed twenty five pages in length. (Id. at 2.) Plaintiff filed a complaint on June 13, 2011.*fn1 (ECF No. 23.)

Once again Plaintiff's complaint fails to comply with Rules 8 and 18. Plaintiff's complaint is thirty pages long, encompasses unrelated events that occurred from April 15, 2010, through December 2010, and includes legal citations and argument. Plaintiff's complaint also references a fifty page points and authorities that he intends to submit with the complaint. Accordingly, Plaintiff's complaint, filed June 13, 2011, shall be stricken from the record.

Plaintiff shall be granted one final opportunity to file a complaint in compliance with this order and the order issued May 10, 2011. As Plaintiff was previously advised the purpose of his complaint is not to state a chronological timeline of every incident that has occurred, but to state the facts of his case describing how each defendant is involved. Plaintiff is advised to refer to the order issued May 10, 2011, for further instructions regarding his complaint.

Based on the foregoing it is HEREBY ORDERED that:

1. Plaintiff's complaint, filed June 13, 2011, is STRICKEN FROM THE RECORD;

2. Within thirty days from the date of service of this order, Plaintiff shall file a complaint in compliance with this order and the order issued May 10, 2011; and

3. If Plaintiff fails to file a complaint in compliance with this order, this action will be dismissed for failure to comply with a court order.

IT IS SO ORDERED.


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