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