Griffin v. Moon et al

Filing 61

ORDER Denying Plaintiff's Motion To Amend As Moot (ECF No. 52 ), signed by Magistrate Judge Barbara A. McAuliffe on 5/8/2015. (Fahrney, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MATTHEW JAMES GRIFFIN, ORDER DENYING PLAINTIFF’S MOTION TO AMEND AS MOOT Plaintiff, 11 12 Case No. 1:12-cv-02034-LJO-BAM PC v. (ECF No. 52) 13 J. MOON, M.D., et al., 14 Defendants. _____________________________________/ 15 16 Plaintiff Matthew James Griffin, a prisoner proceeding pro se, filed this civil rights action 17 pursuant to 42 U.S.C. § 1983 in Kings County Superior Court on October 19, 2012. The action 18 was removed to this Court on December 14, 2012. 19 On June 16, 2014, Plaintiff filed his third amended complaint. (ECF No. 51.) On October 20 17, 2014, prior to screening of the third amended complaint, Plaintiff filed a motion to amend his 21 complaint to seek punitive damages against a health care provider. (ECF No. 52.) 22 On May 7, 2015, the Court screened Plaintiff’s third amended complaint and dismissed it 23 with leave to amend. (ECF No. 60.) As Plaintiff has been granted leave to amend his complaint, 24 his October 2014 request for leave to amend is no longer necessary. Accordingly, Plaintiff’s 25 motion to amend is HEREBY DENIED as moot. IT IS SO ORDERED. 26 27 28 Dated: May 8, 2015 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 1 2 3 4 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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