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Paul Samuel Johnson v. Matthew Cate

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


June 19, 2012

PAUL SAMUEL JOHNSON, PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

On February 17, 2012, the court screened plaintiff's complaint and found service of process to be appropriate for defendant Mead. In documents recently filed with the court by plaintiff, plaintiff indicates the correct name of the defendant identified as "Mead" in plaintiff's complaint is "Mears." This being the case, plaintiff's complaint, as it is written, fails to state a claim upon which relief can be granted. The complaint will be dismissed and plaintiff will be granted thirty days within which to file an amended complaint identifying "C. Mears" as a defendant in this action.

Good cause appearing, IT IS HEREBY ORDERED that:

1. Plaintiff's complaint is dismissed.

2. Plaintiff is granted thirty days within which to file an amended complaint identifying "C. Mears" as a defendant in this action.

3. Failure to file an amended complaint within 30 days will result in a recommendation that this action be dismissed without prejudice.

20120619

© 1992-2012 VersusLaw Inc.



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