Palmer v. Woodford et al

Filing 105

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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