Porter

(PS) Bird v. Porter

Good Law
United States District Court, Eastern District of CaliforniaSeptember 23, 20242:23-cv-02466California600 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD M. BIRD, No. 2:23-cv-2466-DJC-SCR Plaintiff, v. FINDINGS AND RECOMMENDATION AARON PORTER, Defendant. 16 Plaintiff Donald M. Bird is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On October 26, 2023, Plaintiff filed a complaint and a motion to proceed in forma pauperis (“IFP”). ECF Nos. 1 and 2. On April 22, 2024, this court screened the complaint per the screening process required by the IFP statute and dismissed the complaint for failure to comply with Federal Rule of Civil Procedure 8 and failure to state a claim. ECF No. 3. The order provided in relevant part that within 28 days “an amended complaint shall be filed that cures the defects noted in this order and complies with the Federal Rules of Civil Procedure.” ECF No. 3 at 5-6. The order further cautioned that failure to comply with the order may result…

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