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Luis Vega v. Matthew Cate

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


July 30, 2012

LUIS VEGA, PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding without counsel. On May 29, 2012, plaintiff's complaint was dismissed, and plaintiff was granted thirty days in which to file an amended complaint. (Dkt. No. 12.) On June 21, 2012, plaintiff filed the Notice of Amendment form, along with 44 pages of exhibits. However, no amended complaint was filed. In order to proceed, plaintiff must file an amended complaint as required by Rule 3 of the Federal Rules of Civil Procedure, and this court's May 29, 2012 order. Therefore, plaintiff will be provided the opportunity to file an amended complaint. Plaintiff may request that the court append the exhibits filed June 21, 2012, to any subsequently-filed amended complaint. Plaintiff is cautioned that failure to file an amended complaint may result in the dismissal of this action.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Plaintiff is granted thirty days from the date of service of this order to file an amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice, as well as this court's May 29, 2012 order; the amended complaint must bear the docket number assigned this case; plaintiff must file an original and one copy of the amended complaint. Plaintiff's failure to comply with this order will result in a recommendation that this matter be dismissed; and

2. The Clerk of the Court is directed to send plaintiff the court's form for filing a civil rights action.

20120730

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