Opinion
Case No. 1:08-cv-00681 LJO JLT (PC) Doc. 54
08-04-2011
STEVEN W. ROSE, Plaintiff, v. STATE OF CALIFORNIA, Defendant.
ORDER REGARDING PLAINTIFF'S
MOTION TO PROCEED ON HIS
OBJECTIONS
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On July 5, 2011, the Court vacated its findings and recommendations issued on June 9, 2011 and ordered Plaintiff to file a third amended complaint. (Doc. 53.) On August 1, 2011, Plaintiff filed a motion to "proceed with objections to [the] findings and recommendations." (Doc. 54.) Therein, Plaintiff asserts that filing a third amended complaint would only unnecessarily delay the resolution of this case. (Id. at 2.) Plaintiff prefers instead to proceed on the allegations made in his objections filed June 28, 2011. (Id.)
Plaintiff may not proceed in this action solely on the allegations in his objections; he must file an operative pleading. See Fed. R. Civ. P. 3. Accordingly, it is HEREBY ORDERED that:
1. Plaintiff's August 1, 2011 motion to proceed on his objections (Doc. 54) is DENIED;IT IS SO ORDERED.
2. Within twenty-one (21) days of the date of this order, Plaintiff shall file a third amended complaint in accordance with the Court's July 5, 2011 order;
3. The Clerk of the Court is directed to send Plaintiff the form complaint for use in a civil rights action; and
4. Plaintiff is firmly cautioned that Plaintiff's failure to comply with this order will result in a recommendation that this case be dismissed.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE