Montanez v. Gonzalez et al

Filing 72

ORDER REQUIRING Defendant to Respond to Plaintiff's Motion to Amend signed by Magistrate Judge Barbara A. McAuliffe on 8/12/2013. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PAUL MONTANEZ,

12
13
14

Plaintiff,
v.
F. GONZALEZ, et al.,

15

Defendants.

16
17

)
)
)
)
)
)
)
)
)
)

Case No.: 1:10-cv-01931-AWI-BAM (PC)
ORDER REQUIRING DEFENDANT TO
RESPOND TO PLAINTIFF’S MOTION TO
AMEND
(ECF No. 68)

Plaintiff Paul Montanez (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

18

in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant

19

Grimm for deliberate indifference to medical needs in violation of the Eighth Amendment. On July 5,

20

2013, Plaintiff filed a motion to amend his complaint. (ECF No. 68.) Plaintiff also lodged his

21

proposed third amended complaint. (ECF No. 69.) To date, Defendant Grimm has not filed a

22

response to Plaintiff’s motion to amend. Accordingly, Defendants are HEREBY ORDERED to file an

23

opposition or a statement of non-opposition to the pending motion to amend within twenty-one (21)

24

days of the date of this order.

25

IT IS SO ORDERED.

26
27

Dated:

/s/ Barbara

August 12, 2013

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

28
1