Gonzales v. Tate

Filing 28

ORDER DENYING 18 Motion to Withdraw Motion for an Extension of Time to File a Second Amended Complaint as MOOT, signed by Magistrate Judge Michael J. Seng on 3/29/2013. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CASE NO.

1:11-cv-01997-AWI-MJS (PC)

JIMMY GONZALES,
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ORDER DENYING MOTION TO
WITHDRAW MOTION FOR AN
EXTENSION OF TIME TO FILE A SECOND
AMENDED COMPLAINT AS MOOT

Plaintiff,
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v.
(ECF No. 18)

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HAROLD TATE,
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Defendant.
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Plaintiff Jimmy Gonzales (“Plaintiff”) is a state prisoner proceeding pro se in this civil
rights action pursuant to 42 U.S.C. § 1983. No other parties have appeared.

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Plaintiff initiated this action on December 2, 2011. (Compl., ECF No. 1.) Prior to

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the Court screening Plaintiff’s original Complaint, Plaintiff filed a First Amended Complaint

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(ECF No. 6) and a Second Amended Complaint (ECF No. 16).

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Amended Complaint was dismissed, with leave to amend, for failure to state a claim. (ECF

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No. 19.) Plaintiff filed a Third Amended Complaint which the Court has since screened and

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is in the process of serving. (ECF Nos. 20, 22, 26.)

Plaintiff’s Second

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On September 24, 2012, Plaintiff filed a motion requesting that his motion for an

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extension of time in which to file an amended pleading be withdrawn. (ECF No. 18.)

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Plaintiff has since filed several amended pleadings that have been accepted by the Court.

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///

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Accordingly, Plaintiff’s motion (ECF No. 18) is DENIED as moot.

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IT IS SO ORDERED.

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Dated:
il0i0d

March 29, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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