Downs v. California Board of Prison Terms et al

Filing 45

ORDER DENYING AS MOOT 44 Motion to Amend the Complaint; ORDERED that no further filings will be accepted in this closed case, signed by Magistrate Judge Gerald B. Cohn on 12/20/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GREGORY DOWNS,

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Plaintiff,

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CASE NO. 1:09-cv-00714-GBC (PC)
ORDER DENYING AS MOOT MOTION TO
AMEND

v.
CALIFORNIA BOARD OF PRISON
TERMS, et al.,

(Doc. 44)

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NO FURTHER FILINGS WILL BE
ACCEPTED IN THIS CLOSED CASE

Defendants.
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Plaintiff Gregory Downs (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on April 22, 2009. Doc. 1. On

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September 11, 2009, the Court screened the complaint and dismissed the complaint with leave to

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amend. Doc. 13. Plaintiff filed the first amended complaint on April 5, 2010. Doc. 22. On July 20,

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2010, and October 29, 2010, Plaintiff filed motions to amend the complaint (Docs. 30, 32) and on

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November 18, 2010, Plaintiff’s second amended complaint was submitted and lodged. Doc. 33. On

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May 11, 2011, the Court granted Plaintiff’s request to amend the complaint, screened Plaintiff’s

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second amended complaint submitted on November 18, 2010, and dismissed action without

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prejudice for failure to state a claim. Doc. 37. On May 23, 2011, Plaintiff filed a motion for

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reconsideration. Doc. 39. On June 16, 2011, Plaintiff filed a motion to file an amended complaint.

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Doc. 42. On November 7, 2011, the Court denied Plaintiff’s motion for reconsideration and denied

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all pending motions as moot. Doc. 43.

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As the action has been dismissed Plaintiff’s motion for leave to amend the complaint is moot.
Based on the foregoing, the Court HEREBY ORDERS:

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Plaintiff’s motion for leave to file an amended complaint filed December 12, 2011,
is DENIED as moot (Doc. 44); and

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2.

No further filings will be accepted in this closed case.

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IT IS SO ORDERED.

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Dated:
0jh02o

December 20, 2011
UNITED STATES MAGISTRATE JUDGE

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