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17-1402 - Gonzalez v. Maurer et al


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17-1402 - Gonzalez v. Maurer et al
January 12, 2018
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INITIAL REVIEW ORDER. The Motion for Leave to File an Amended Complaint [ECF No. 15] is GRANTED. The Clerk shall docket the Amended Complaint. The Motion for Default [ECF No. 16] and the Motion for Expedited IRO [ECF No. 7] are DENIED. The Amended Complaint is DISMISSED without prejudice for failure to comply with Rules 8 and 20 of the Federal Rules of Civil Procedure. The plaintiff is hereby directed to file a second amended complaint that complies with Rules 8 and 20 of the Federal Rules of Civil Procedure, together with a motion to reopen, as instructed in the attached. The second amended complaint is due in thirty (30) days, and it shall be filed together with a motion to reopen. In the meantime, the clerk is directed to enter judgment for the defendants and close this case.The Clerk shall send the plaintiff an amended complaint form and a copy of the Amended Complaint with this order. Signed by Judge Michael P. Shea on 1/12/2018. (Taykhman, N.)
May 1, 2018
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ORDER. As discussed in the attached, the Motion to Withdraw the Motion to Reopen, [ECF No. 22], is GRANTED to the extent that it seeks to withdraw the first motion to reopen and DENIED as moot to the extent that it has been docketed as a motion for leave to file an amended complaint. The Motion to Reopen, [ECF No. 20], is deemed WITHDRAWN. The clerk shall TERMINATE the Motion to Reopen, [ECF No. 20], from the docket. The Motion to Reopen and to File an Amended Complaint, [ECF No. 23], is DENIED without prejudice in all respects. Accordingly, the case remains closed.The Motion for Appointment of Counsel, [ECF No. 21], is DENIED without prejudice. If the court subsequently reopens the case, the plaintiff may file a new motion for appointment of counsel. Any renewed motion, however, must describe the plaintiff's recent, good faith efforts to secure assistance from the Legal Aid Program prior to filing the motion.The court will permit the plaintiff thirty (30) days to file a new motion to reopen and a proposed second amended complaint that complies with Rules 8 and 20 of the Federal Rules of Civil Procedure and this order. The Clerk shall send the plaintiff an amended complaint form and a copy of the Amended Complaint, [ECF Nos. 15-1 & 15-2], and a copy of the Proposed Second Amended Complaint, [ECF No. 23-1], with this order.The second amended complaint should ONLY include one of the two claims described in the attached. The plaintiff may pursue the claim that he does not include in the second amended complaint in a separate lawsuit.The plaintiff shall clearly and concisely state his claim, state the dates on which each incident occurred, refer to each defendant by first and last name or first initial of the first name and the last name, and explain how each defendant was involved in the incident, claim or claims. If the second amended complaint fails to comply with the instructions in this order or the amended complaint form or the requirements of Rules 8 and 20 of the Federal Rules of Civil Procedure, the court will decline to reopen the case to permit the plaintiff to file it. Signed by Judge Michael P. Shea on 5/1/2018. (Taykhman, N.)