Howard v. Deazevedo

Filing 41

ORDER DENYING 35 Plaintiff's Second Motion for Leave to File a Second Amended Complaint signed by Magistrate Judge Sheila K. Oberto on 2/26/2013. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY HOWARD,

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Plaintiff,

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CASE NO. 1:11-cv-00101-AWI-SKO PC
ORDER DENYING PLAINTIFF’S SECOND
MOTION FOR LEAVE TO FILE A SECOND
AMENDED COMPLAINT

v.
D. L. DeAZEVEDO, et al.,

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(Doc. 35)

Defendants.
/

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Plaintiff Timothy Howard, a state prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on January 20, 2011. On December 26, 2012,

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Plaintiff filed a motion seeking leave to amend. Fed. R. Civ. P. 15(a). Defendants did not file a

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response, and on January 29, 2013, the Court denied the motion. Local Rule 230(l).

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Pending before the Court is Plaintiff’s second motion to amend, filed on January 25, 2013.
Defendants did not file a response.

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Plaintiff’s second motion is largely duplicative of his first motion and it was filed because

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Plaintiff believed his first motion had been lost. The Court already ruled on Plaintiff’s first motion

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and it declines to revisit that ruling. However, given that Plaintiff added a request to correct his

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prayer for relief, Plaintiff is notified that he need not be concerned about amending his prayer for

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relief, as he is not limited to the damages amount set forth in his amended complaint. Fed. R. Civ.

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P. 54(c).

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Accordingly, Plaintiff’s second motion seeking leave to amend, filed on January 25, 2013,
is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:
ie14hj

February 26, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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