Palmer v. Woodford et al
Filing
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ORDER VACATING 102 Order Denying Motion for Leave to File Amended Complaint and ORDER Directing Defendants to File an Opposition or Statement of Non-Opposition to 101 Plaintiff's Motion for Leave to File an Amended Complaint and 104 Motion to Compel, signed by Magistrate Judge Barbara A. McAuliffe on 5/16/2012. Defendants' response due within twenty-one (21) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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WILL MOSES PALMER, III,
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CASE NO. 1:06-cv-00512-LJO-BAM PC
Plaintiff,
ORDER VACATING ORDER DENYING
MOTION FOR LEAVE TO FILE AMENDED
COMPLAINT
v.
JEANNE WOODFORD, et al.,
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(ECF No. 102)
Defendants.
TWENTY-ONE DAY DEADLINE
/
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Plaintiff Will Moses, Palmer, III (“Plaintiff”) is a state prisoner proceeding pro se in this civil
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rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the first amended
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complaint, filed August 29, 2007, against Defendants Jordnt and Bardonnex for retaliation and denial
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of access to the court in violation of the First Amendment. On April 2, 2012, the Court granted
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Defendants a fifteen day extension of time to serve responses to Plaintiff’s discovery requests. (ECF
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No. 100.) On April 4, 2012, Plaintiff filed a motion for leave to file an amended complaint. (ECF
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No. 101.) Plaintiff’s motion for leave to file an amended complaint was denied on April 6, 2012,
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because Plaintiff had not filed a second amended complaint with his motion. (ECF No. 102.) On
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the same date, Plaintiff’s second amended complaint was filed. (ECF No. 103.) On May 15, 2012,
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Plaintiff filed a motion to compel stating that Defendants had failed to respond to his discovery
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requests within the fifteen days granted by the court. (ECF No. 104.)
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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The order denying Plaintiff’s motion for leave to file an amended complaint is
VACATED;
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2.
Within twenty-one days from the date of service of this order, Defendants shall file
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an opposition or statement of non-opposition to Plaintiff’s motion for leave to file an
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amended complaint and motion to compel.
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IT IS SO ORDERED.
Dated:
cm411
May 16, 2012
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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