Green v. Chakotos et al

Filing 60

ORDER denying as moot 53 Motion to strike third amended complaint signed by Magistrate Judge Dennis L. Beck on 11/11/2014. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

IRA GREEN,

12

Plaintiff,

13
14

Case No. 1:11-cv-01611 LJO DLB PC

v.
JOHN CHAKOTOS,

15

ORDER DISMISSING DEFENDANT’S
MOTION TO STRIKE THIRD AMENDED
COMPLAINT
[ECF No. 53]

Defendant.

16
Plaintiff Ira Green (“Plaintiff”) is a California state prisoner proceeding pro se and in forma

17
18

pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s

19

Second Amended Complaint, filed on May 3, 2013, against Defendant Chakotos for a claim of

20

deliberate indifference in violation of the Eighth Amendment. Defendant filed an answer to the SAC

21

on August 25, 2014, and the Court issued a scheduling order on August 26, 2014.
On October 2, 2014, Plaintiff lodged a Third Amended Complaint. Defendant moved to

22
23

strike the Third Amended Complaint on October 10, 2014, and Plaintiff filed an opposition on

24

October 29, 2014. However, on October 15, 2014, the Court directed the Clerk of Court to return

25

the lodged complaint to Plaintiff. Therefore, Defendant’s motion is now moot.

26

///

27

///

28

///
1

1
2

Accordingly, IT IS HEREBY ORDERED that Defendant’s motion to strike the Third
Amended Complaint is DENIED as moot.

3
4
5
6

IT IS SO ORDERED.
Dated:

/s/ Dennis

November 11, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2