Jimenez v. Spaeth

Filing 20

ORDER DISMISSING 19 Plaintiff's Motion as Moot signed by Magistrate Judge Sandra M. Snyder on 10/26/2009. (Bradley, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983. On October 21, 2009, this court entered an order on its own motion (doc. 18), extending the time for plaintiff to file his amended complaint in light of the court's second order appointing pro bono counsel (doc. 17). On October 23, 2009, the court received plaintiff' motion, prepared prior to the court's sua sponte order, to omit claim while reserving right to assert the claim at a later date, or, in the alternative, request for a 45-day extension of time to file amended complaint (doc. 19). Because the court has already entered an order extending the time for plaintiff's submission of his amended complaint, plaintiff's motion is moot. Accordingly, plaintiff's motion to omit claim while reserving right to assert the claim at a later date, or, in the alternative, request for a 45-day extension of time to file amended complaint is hereby DISMISSED as moot. IT IS SO ORDERED. Dated: icido3 October 26, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE v. MARTHA SPAETH, Defendant. / (Doc. 19) CARLOS JIMENEZ, Plaintiff, ORDER DISMISSING PLAINTIFF'S MOTION AS MOOT CASE NO. 1:08-cv-01419-SMS PC

UNITED STATES DISTRICT COURT