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Burton v. Hernandez

United States District Court, E.D. California
May 28, 2008
No. CIV S-07-0267 RRB EFB P (E.D. Cal. May. 28, 2008)

Opinion

No. CIV S-07-0267 RRB EFB P.

May 28, 2008


ORDER


Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 U.S.C. § 1983. On February 11, 2008, the court ordered plaintiff's complaint dismissed with leave to amend within 30 days. Plaintiff has not filed an amended complaint. Rather, in spite of the absence of a final judgment in this case, plaintiff filed on March 7, 2008 a document styled as a notice of appeal from the court's order dismissing the complaint but granting leave to amend. While it is for the Ninth Circuit to determine whether plaintiff's notice of appeal is defective under 28 U.S.C. § 1292, plaintiff will be afforded another opportunity to amend his complaint if that is his intent.

Accordingly, IT IS HEREBY ORDERED that plaintiff is granted an additional 30 days in which to file an amended complaint that comports with the court's October 9, 2007, and February 11, 2008, orders. Failure to file an amended complaint will result in a recommendation this action be dismissed for failure to state a claim and that the dismissal be without further leave to amend.


Summaries of

Burton v. Hernandez

United States District Court, E.D. California
May 28, 2008
No. CIV S-07-0267 RRB EFB P (E.D. Cal. May. 28, 2008)
Case details for

Burton v. Hernandez

Case Details

Full title:ERIC WILTON BURTON, Plaintiff, v. HERNANDEZ, Warden, et al., Defendants

Court:United States District Court, E.D. California

Date published: May 28, 2008

Citations

No. CIV S-07-0267 RRB EFB P (E.D. Cal. May. 28, 2008)