Isaac Montgomery v. Fresno County Police Department et al
| Isaac Montgomery |
| Fresno County Police Department and Jerry Dyer |
| 1:2018cv00643 |
| May 10, 2018 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Fresno |
| Erica P. Grosjean |
| Lawrence J. O'Neill |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
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Findings and Recommendations recommending that this 7 action be dismissed for failure to state a claim, signed by Magistrate Judge Erica P. Grosjean on 12/5/2018. Matter referred to Judge O' Neill. Objections to F&R due by 1/7/2019. (Rosales, O)
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Filing
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ORDER as follows: 1) Plaintiff may file a First Amended Complaint curing the deficiencies identified by the Court in this order if he believes additional true factual allegations would state a claim, within thirty (30) days from the date of service o f this order; 2) If Plaintiff chooses to file an amended complaint, Plaintiff shall caption the amended complaint "First Amended Complaint" and refer to the case number 1:18-cv-00643-LJO-EPG; 3) Alternatively, within thirty (30) days from t he date of service of this order, Plaintiff may notify the Court that he wishes to stand on the Complaint, subject to this Court issuing findings and recommendations to the assigned district court judge recommending that the case be dismissed for fai lure to state a claim; and 4) If Plaintiff fails to file an amended complaint or notify the Court that he wishes to stand on the Complaint within thirty (30) days from the date of service of this order, the Court will issue findings and recommendations to the assigned district court judge recommending that the case be dismissed for failure to state a claim and failure to comply with a Court order. Order signed by Magistrate Judge Erica P. Grosjean on 10/26/2018. (Rooney, M)
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