Polk v. Lattimore et al

Filing 118

ORDER STRIKING as Duplicative 116 Fifth Amended Complaint signed by Magistrate Judge Barbara A. McAuliffe on 2/21/2019. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SUSAN MAE POLK, 12 Plaintiff, 13 14 Case No. 1:12-cv-01156-DAD-BAM (PC) ORDER STRIKING AS DUPLICATIVE FIFTH AMENDED COMPLAINT v. (ECF No. 116) LATTIMORE, et al., 15 Defendants. 16 Plaintiff Susan Mae Polk (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On November 5, 2018, the District Judge granted Plaintiff leave to file a fifth amended 20 complaint on a single claim. (ECF No. 113.) Following an extension of time, Plaintiff filed a 21 fifth amended complaint on February 4, 2019. (ECF No. 116.) Thereafter, on February 15, 2019, 22 Plaintiff filed another fifth amended complaint, indicating that she had made corrections. (ECF 23 No. 117.) 24 Having reviewed the two fifth amended complaints it appears that Plaintiff has made only 25 minor typographical and clerical corrections, but the documents are otherwise identical. As both 26 complaints appear to be timely filed, the Court finds it appropriate to consider Plaintiff’s most 27 recently filed complaint as her fifth amended complaint for screening purposes. 28 /// 1 1 Accordingly, Plaintiff’s fifth amended complaint, filed February 4, 2019, (ECF No. 116), 2 is HEREBY STRICKEN as duplicative. Plaintiff’s fifth amended complaint, filed February 15, 3 2019, (ECF No. 117), will be screened in due course. 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara February 21, 2019 A. McAuliffe _ 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

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