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Dashaun Nellum v. C. Stiltner

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


October 24, 2012

DASHAUN NELLUM, PLAINTIFF,
v.
C. STILTNER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

ORDER

On September 4, 2012, plaintiff filed a request for reconsideration of the magistrate judge's order filed August 15, 2012, that dismissed plaintiff's complaint with leave to amend. Pursuant to E.D. Local Rule 303(f), a magistrate judge's orders shall be upheld unless "clearly erroneous or contrary to law." Upon review of the entire file, the court finds that it does not appear that the magistrate judge's ruling was clearly erroneous or contrary to law. If plaintiff wishes to raise new arguments he should discuss them in an amended complaint as described by the magistrate judge. Failure to file an amended complaint within 21 days of service of this order will result in this action being dismissed.

Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the magistrate judge filed August 15, 2012, is affirmed. Plaintiff must file an amended complaint within 21 days of service of this order. Failure to file an amended complaint will result in this action being dismissed.

20121024

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