Foster v. Ugwueze

Filing 12

ORDER DENYING Plaintiff's Motion to Amend as MOOT 11 , signed by Magistrate Judge Michael J. Seng on 7/23/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL L. FOSTER,

CASE NO.

1:13-cv-0659-LJO-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. 11)
M.D. GODWIN UGWUEZE,

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Defendant.
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Plaintiff Michael L. Foster (“Plaintiff”) is a state prisoner proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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Plaintiff here moves to amend his Complaint because he has found an additional

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party to name as a defendant in the action. (ECF No. 11.) However, the Court previously

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dismissed Plaintiff’s Complaint for failure to state a claim and gave him leave to amend.

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(ECF No. 9.) Plaintiff has since filed a First Amended Complaint that names the new party

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as a defendant in this action. (ECF No. 10.

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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

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July 23, 2013

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE