Gomez v. Doe et al
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|Date Filed||#||Document Text|
|January 29, 2018
ORDER (memorandum filed previously as separate docket entry). 1. Mr. Gomezs motion (ECF No. 10) for enlargement of time to file a brief in opposition to Defendant Varners motion to dismiss is DENIED.2. Mr. Gomezs motion to remand (ECF No. 16) is DENI ED.3. Mr. Gomezs motions (ECF Nos. 14 and 17) to file an amended complaint are GRANTED.4. Within forty-five (45) days from the date of this order, Mr. Gomez may file an amended complaint in this action in accordance with the foregoing Memorandum.5. M r. Gomezs failure to file a timely amended complaint as directed will result in this action being dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasons set for the in the Courts December 19, 2017 Memorandum and Order granting Defendant Varners motion to dismiss. See ECF Nos. 7 and 8.6. The Clerk of Court shall strike Mr. Gomezs discovery requests (ECF Nos. 12 and 13) from the docket and return copies to Plaintiff.Signed by Honorable A. Richard Caputo on 1/29/18. (dw)
|December 19, 2017
ORDER granting 3 Motion to Dismiss ; 1. Defendant Varners motion to dismiss (ECF No. 3) isGRANTED.2. Plaintiffs claims against the sole identified Defendant,Ms. Varner, are dismissed with prejudice pursuant to 28U.S.C. § 1915(e)(2)(B)(ii).3. Within thirty (30) days from the date of this order, Mr.Gomez may file an amended complaint in this action inaccordance with the foregoing Memorandum.4. The Clerk of Court shall forward to Plaintiff two (2) copiesof this Courts prisoner civil-rights complaint form whichPlaintiff shall use in preparing any amended complaint hemay file.5. Failure to file an amended complaint as directed, withinthe required time, will result in this action being dismissedpursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the reasonsset forth in the accompanying Memorandum.Signed by Honorable A. Richard Caputo on 12/19/17 (ep)
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