ORDER DFROM CHAMBERS - At docket 7 the court found that the amended complaint that plaintiff Sara Ybarra-Johnson ("Plaintiff") filed at docket 6 does not comply with Rule 8 of the Federal Rules of Civil Procedure ("Rule 8", even when it is construed liberally because Plaintiff is representing herself. The court's order gave Plaintiff until August 2 to file a second amended complaint that complies with Rule 8 and is no more than 10-pages long(including any attachments). The court warned Plaintiff that her case would be dismissed if she failed to comply with these instructions. On August 1 Plaintiff filed a 65-page "notice to court" that contains a revised version of Plaintiff's complaint. The complaint complies with neither Rule 8 nor the court's specific instructions at docket 7. Accordingly, this case is hereby dismissed with prejudice on 8/10/2016. (KMG)
ORDER FROM CHAMBERS The court has reviewed the request for judicial notice that plaintiff Sara Ybarra-Johnson ("Plaintiff") filed at docket 5 . This request appears to seek a refund of the filing fee that she paid when she filed her complaint. This is not a matter that is subject to judicial notice. See Fed. R. Evid. 201. Further, Plaintiff has not stated a legal basis forthe requested relief. Plaintiff's request is denied. (KMG)
ORDER FROM CHAMBERS re: 6 Amended Complaint - Plaintiff must file a second amended complaint within 21 days that complies with Rule 8 and is no more than 10 pages long (including any attachments). If she fails to comply with this order, the case will be dismissed.(KMG)
*ORDER FROM CHAMBERS OF JUDGE JOHN W. SEDWICK - re: 1 The court has examined Plaintiff's complaint and finds that even liberally construed it does not comply with Rule 8(a). Plaintiff shall file an amended complaint within 21 days which complies with Rule 8(a). If she fails to do so, this case will be dismissed without prejudice. (KMG) *Modified on 6/28/2016 to correct issuing judge (MAP)*.
ORDER REASSIGNING CASE. It is Ordered that this case has been reassigned to the Honorable John Sedwick. The parties are advised that all future filings must bear the following case number: 16-CV-00332-TUC-JWS. Signed by Chief Judge Raner C Collins on 6/9/2016. (MFR)
Filing fee paid, receipt number TUC024622. This case has been assigned to the Honorable Raner C Collins. All future pleadings or documents should bear the correct case number: 4:16-CV-00332-RCC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (FKD)
COMPLAINT. AFFIDAVIT OF OBLIGATION COMMERCIAL LIEN Filing fee received: $ 400.00, receipt number TUC024622 filed by Sara Ybarra-Johnson. (15 pages) (Attachments: # 1 Civil Cover Sheet, # 2 receipt)(FKD) Modified on 6/17/2016 to add title of document (BJWI).
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