Knapp v. Arlitz et al

Filing 34

ORDER STRIKING 32 Order Dismissing First Amended Complaint and Plaintiff's 33 Second Amended Complaint signed by Magistrate Judge Stanley A. Boone on 9/10/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC CHARLES RODNEY K’NAPP,

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Plaintiff,

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v.

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ARLITZ, et al.,

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Case No. 1:09-cv-00412-SAB (PC)
ORDER STRIKING ORDER DISMISSING FIRST
AMENDED COMPLAINT AND PLAINTIFF’S
SECOND AMENDED COMPLAINT
(ECF Nos. 32, 33)

Defendants.

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Plaintiff Eric Charles Rodney K’napp (“Plaintiff”), a state prisoner proceeding pro se,

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filed this civil rights action on March 2, 2009. On September 7, 2011, an order issued revoking

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Plaintiff’s in forma pauperis status pursuant to 28 U.S.C. 1915(g). (ECF No. 22.) Plaintiff filed a

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notice of appeal of the order revoking his in forma pauperis status on September 22, 2011. (ECF

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No. 23.) On April 11, 2013, a screening order issued dismissing Plaintiff’s first amended

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complaint with leave to amend. (ECF No. 32.) On May 13, 2013, Plaintiff filed his second

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amended complaint. (ECF No. 33.)

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Upon review of this action, it is apparent that the Court was divested of jurisdiction to

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issue the April 11, 2013 order due to the pendency of Plaintiff’s appeal. Plaintiff is appealing the

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order which revoked his in forma pauperis status and required him to pay the filing fee in full.

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Since the order granting leave to amend was issued in error and shall be stricken from the record,

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the second amended complaint shall also be stricken.
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Accordingly, IT IS HEREBY ORDERED that the order dismissing the first amended

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complaint with leave to amend, issued April 11, 2013, and the second amended complaint, filed

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May 13, 2013, are STRICKEN FROM THE RECORD.

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IT IS SO ORDERED.

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Dated:
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September 10, 2013

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UNITED STATES MAGISTRATE JUDGE

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