Rizk

(PC) Duley v. Rizk

Good Law
United States District Court, Eastern District of CaliforniaJune 28, 20241:24-cv-00345California1,032 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KELLY DULEY, Case No. 1:24-cv-00345-HBK (PC) Plaintiff, ORDER STRIKING PLAINTIFF’S PLEADING

AND DIRECTING PLAINTIFF TO COMPLY

v. WITH SCREENING ORDER RIZK, et al.,

JULY 29, 2024 DEADLINE

Defendants. (Doc. No. 12). 16 17 On June 24, 2024, the Clerk docketed Plaintiff’s First Amended Complaint, which is before the Court for screening pursuant to 28 U.S.C. § 1915A. (Doc. No. 10). Although docketed as Plaintiff’s First Amended Complaint, Plaintiff labeled the pleading a “Necessary Amendments to Include (Add) Missing Dates in Original Petition.” (Id.). As more fully stated below, the Court does not construe the pleading as a First Amended Complaint and strikes the pleading but affords Plaintiff an opportunity to file a First Amended Complaint is he so desires. By way of background, Plaintiff initiated this action by filing a pro se civil rights complaint under 42 U.S.C. § 1983 on March 22, 2024. (Doc. No. 1,…

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