Opinion
1:24-cv-673 (EAW)
11-18-2024
Jason T. Blowers, Sr., et al Plaintiff(s) v. Richard Giardino, et al Defendant(s)
JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED that N.B. may amend her claims within 45 DAYS OF THE DATE OF THIS ORDER if represented by counsel, but if no appearance of counsel is entered within 45 DAYS OF THE DATE OF THIS ORDER, her claims are dismissed without prejudice without further order of the Court; and it is further ORDERED that the claims under 18 U.S.C. § 241 and 242 are dismissed without leave to amend; and it is further ORDERED that with respect to the remaining claims, Blowers is granted leave to file a second amended complaint as directed above by no later than 45 DAYS FROM THE DATE OF THIS ORDER; and it is further ORDERED that if Blowers does not file a second amended complaint as directed above, the Amended Complaint shall be dismissed with prejudice; and it is further ORDERED that if the Amended Complaint is dismissed because Blowers has not filed a second amended complaint, the Clerk of the Court shall close this case as dismissed with prejudice without further order; and it is further ORDERED that in the event the Amended Complaint is dismissed because Blowers has failed to file a second amended complaint, this Court hereby certifies pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied.
All of the above pursuant to the order of the Honorable Elizabeth A. Wolford, dated September 20, 2024.