Latwahn McElroy et al v. Ground et al

Filing 15

ORDER Denying Plaintiff's 13 Motion to Amend as Moot signed by Magistrate Judge Michael J. Seng on 07/08/2013. (Flores, E)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 LATWAHN McELROY, CASE NO. 1:13-cv-0483-MJS (PC) 8 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO AMEND AS MOOT 9 v. 10 (ECF No. 13) INSTITUTIONAL HEAD GROUND, et al., 11 12 Defendants. 13 / 14 Plaintiff Latwahn McElroy (“Plaintiff”) is a state prisoner proceeding pro se and in 15 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has 16 consented to the Magistrate Judge handling all matters in this action. (ECF No. 12.) 17 Before the Court is Plaintiff’s motion to amend his Complaint. (ECF No. 13.) 18 Plaintiff’s asks for permission to amend his Complaint because he has found additional 19 information regarding his John Doe defendants. (Id.) However, since Plaintiff filed his 20 motion, the Court dismissed Plaintiff’s Complaint for failure to state a claim with leave to 21 amend. (ECF No. 14.) Plaintiff currently has nearly thirty days in which to file an amended 22 pleading in which he can include information about the Doe defendants. 23 Accordingly, Plaintiff’s motion to amend is DENIED as moot. 24 25 IT IS SO ORDERED. 26 27 28 Dated: ci4d6 July 8, 2013 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?