Latwahn McElroy et al v. Ground et al
Filing
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ORDER Denying Plaintiff's 13 Motion to Amend as Moot signed by Magistrate Judge Michael J. Seng on 07/08/2013. (Flores, E)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LATWAHN McELROY,
CASE NO.
1:13-cv-0483-MJS (PC)
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Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION TO
AMEND AS MOOT
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v.
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(ECF No. 13)
INSTITUTIONAL HEAD GROUND, et al.,
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Defendants.
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/
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Plaintiff Latwahn McElroy (“Plaintiff”) is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has
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consented to the Magistrate Judge handling all matters in this action. (ECF No. 12.)
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Before the Court is Plaintiff’s motion to amend his Complaint. (ECF No. 13.)
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Plaintiff’s asks for permission to amend his Complaint because he has found additional
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information regarding his John Doe defendants. (Id.) However, since Plaintiff filed his
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motion, the Court dismissed Plaintiff’s Complaint for failure to state a claim with leave to
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amend. (ECF No. 14.) Plaintiff currently has nearly thirty days in which to file an amended
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pleading in which he can include information about the Doe defendants.
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Accordingly, Plaintiff’s motion to amend is DENIED as moot.
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IT IS SO ORDERED.
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Dated:
ci4d6
July 8, 2013
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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