Opinion
Civil Action No. 09-CV-01190-BNB.
July 22, 2009
ORDER GRANTING MOTION TO RECONSIDER AND DIRECTING PLAINTIFF TO FILE AN AMENDED PRISONER COMPLAINT
On July 8, 2009, Plaintiff John J. Powers filed a "Motion to Reconsider Ruling or in the Alternative Allow Plaintiff to Amend and Clarify his Complaint." In the Motion, Mr. Powers requests that the Court reconsider the June 30, 2009, Order that directed Mr. Powers to comply with Magistrate Judge Boyd N. Boland's June 9, 2009, Order.
Upon review of the arguments Mr. Powers raises in his July 8, 2009, Motion to Reconsider, the Court finds that he should be given the opportunity to file an Amended Prisoner Complaint and clarify his claims. Accordingly, it is
ORDERED that the Motion to Reconsider (Doc. # 11), filed July 8, 2009, is GRANTED. It is
FURTHER ORDERED that the action, for the purpose of Mr. Powers' request to clarify his claims, shall proceed as a Prisoner Complaint rather than a 28 U.S.C. § 2241 action. It is
FURTHER ORDERED that Mr. Powers shall file an Amended Prisoner Complaint clarifying his claims within thirty days from the date of this Order. It is
FURTHER ORDERED that the Clerk of the Court mail to Mr. Powers, together with a copy of this Order, two copies of the Court-approved Prisoner Complaint form for use in filing the Amended Prisoner Complaint. It is
FURTHER ORDERED that if Mr. Powers fails to file a proper Amended Prisoner Complaint, within the time allowed, the action will be dismissed without further notice.