From Casetext: Smarter Legal Research

Pezant v. Gonzalez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Apr 6, 2012
CASE NO. 1:11-cv-00564-BAM PC (E.D. Cal. Apr. 6, 2012)

Opinion

CASE NO. 1:11-cv-00564-BAM PC

04-06-2012

JASON R. PEZANT, Plaintiff, v. F. GONZALEZ, et al., Defendants.


ORDER STRIKING FIRST AMENDED

COMPLAINT FOR FAILURE TO COMPLY

WITH COURT ORDER


(ECF No. 15)


THIRTY DAY DEADLINE

Plaintiff Jason R. Pezant is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On January 17, 2012, Plaintiff's complaint was dismissed with leave to amend. In the order dismissing the complaint, Plaintiff was advised that his amended complaint "must use letters no smaller than used in the instant order, Times New Roman 12." On February 13, 2012, Plaintiff filed a first amended complaint. Upon review of the first amended complaint, the Court finds that Plaintiff's first amended complaint does not comply with the order issued January 17, 2012. Accordingly, Plaintiff's first amended complaint shall be stricken from the record. Plaintiff shall be granted one final opportunity to file a first amended complaint in compliance with the order issued on January 17, 2012.

The Court notes that Plaintiff requested reconsideration of the prior order in his first amended complaint. Plaintiff is advised that he may not combine a motion for reconsideration with his amended complaint. If Plaintiff wishes to file a motion for reconsideration, Plaintiff must do so in a separate filing.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's first amended complaint, filed February 13, 2012, is STRICKEN FROM THE RECORD;

2. Within thirty days from the date of service of this order, Plaintiff shall file a first amended complaint in compliance with the order issued January 17, 2012; and

3. If Plaintiff fails to file a first amended complaint in compliance with the order issued January 17, 2012, this action shall be dismissed for failure to comply with a court order.

IT IS SO ORDERED.

Barbara A. McAuliffe

UNITED STATES MAGISTRATE JUDGE


Summaries of

Pezant v. Gonzalez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Apr 6, 2012
CASE NO. 1:11-cv-00564-BAM PC (E.D. Cal. Apr. 6, 2012)
Case details for

Pezant v. Gonzalez

Case Details

Full title:JASON R. PEZANT, Plaintiff, v. F. GONZALEZ, et al., Defendants.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Apr 6, 2012

Citations

CASE NO. 1:11-cv-00564-BAM PC (E.D. Cal. Apr. 6, 2012)