Polk v. Pittman et al

Filing 42

ORDER Denying 29 Plaintiff's Objections Construed as a Motion for Reconsideration, signed by Chief Judge Anthony W. Ishii on 8/3/12. (Verduzco, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SUSAN MAE POLK, 11 CASE NO. 1:11-cv-00728-AWI-BAM PC Plaintiff, 12 v. 13 ORDER DENYING PLAINTIFF’S OBJECTIONS CONSTRUED AS A MOTION FOR RECONSIDERATION PITTMAN, et al., 14 (ECF No. 29) Defendants. / 15 16 Plaintiff Susan Mae Polk (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 9, 2012, Plaintiff’s first 18 amended complaint was dismissed, with leave to file a second amended complaint within thirty days. 19 (ECF No. 22.) On April 20, 2012, Plaintiff filed objections to the order dismissing the complaint 20 and a motion for an extension of time. (ECF No. 24, 25.) On April 25, 2012, an order issued 21 denying Plaintiff’s motion for an extension of time as moot. (ECF No. 27.) On May 2, 2012, an 22 order issued denying Plaintiff’s objections construed as a motion for reconsideration and granting 23 Plaintiff thirty days in which to file a second amended complaint. (ECF No. 28.) On May 9, 2012, 24 Plaintiff filed objections to the order denying Plaintiff’s extension of time. (ECF No. 29.) 25 In the order issued May 9, 2012, the Court addressed Plaintiff’s objections to the Magistrate 26 Judge’s order issued April 9, 2012. Since this Court granted Plaintiff thirty days in which to file her 27 amended complaint on May 2, 2012 and the court is now proceeding with the amended complaint 28 filed June 12, 2012, Plaintiff’s request for reconsideration of the motion for an extension of time 1 1 shall be denied as moot. 2 IT IS SO ORDERED. 3 4 Dated: 0m8i78 August 3, 2012 CHIEF UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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