Opinion
CIVIL ACTION NO. 1:06-CV-1437.
March 27, 2007
ORDER
AND NOW, this 27th day of March, 2007, upon consideration of "Defendants' motion to strike memorandum of law and supporting exhibits and to dismiss amended complaint" (Doc. 21), or in the alternative for a more definite statement pursuant to FED. R. CIV. P. 12(e) (Doc. 21, p. 7), and plaintiff having filed no opposition to that motion, it is hereby ORDERED that:
1. Defendants' motion (Doc. 21) is DEEMED unopposed. See L.R. 7.6.
2. Defendants' motion to strike plaintiff's memorandum of law and supporting exhibits is GRANTED. The Clerk of Court is directed to STRIKE these documents from the record.
3. Defendants' motion for a more definite statement pursuant to FED. R. CIV. P. 12(e) is GRANTED.
4. The Clerk of Court is directed to forward to plaintiff a civil rights complaint form. Plaintiff shall FILE an amended complaint, utilizing the enclosed civil rights form, on or before April 10, 2007.
5. The amended complaint shall contain the same caption and number as is already assigned to this action and shall be direct, concise, and shall stand alone without reference to any other document filed in this matter. FED.R.CIV.P. 8(e)(1).
6. Defendants' motion to dismiss is HELD IN ABEYANCE pending the filing of the amended complaint.
7. Failure to file an amended complaint, and to comply with the specified pleading requirements set forth in the Federal Rules of Civil Procedure, within the identified time period, will result in the motion to dismiss being granted and dismissal of the action in its entirety.