Von Villas v. Pallares, et al.

Filing 29

ORDER DISREGARDING Plaintiff's Motion for Leave to File a Second Amended Complaint as Moot 28 , signed by Magistrate Judge Jennifer L. Thurston on 4/21/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT A. VON VILLAS,

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Plaintiff,
v.
PALLARES, et al.,

Case No. 1:13-cv-01869-LJO-JLT (PC)
ORDER DISREGARDING PLAINTIFF'S
MOTION FOR LEAVE TO FILE A SECOND
AMENDED COMPLAINT AS MOOT
(Doc. 28)

Defendants.
Plaintiff, Robert A. Von Villas, is a state prisoner who is currently proceeding pro se and

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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this

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action on November 18, 2013. (Doc. 1.) It was screened and dismissed with leave to amend.

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(Doc. 11.) Plaintiff filed the First Amended Complaint (Doc. 16) which was screened and upon

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which a Findings and Recommendation ("F&R") issued recommending that Plaintiff be allowed

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to proceed on the only cognizable claim which was against Defendant Heberling for retaliation

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(Doc. 19). Plaintiff received and complied with a couple of extensions of time to file his

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objections to the F&R. (Docs. 22,-25, 26.)

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From his objections, it appeared that Plaintiff might be able to state one or more additional

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cognizable claims if given opportunity. Thus, on April 14, 2015, an order issued withdrawing the

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F&R and granting leave one last opportunity to correct the deficiencies in his pleading. (Doc.

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27.) On April 17, 2015, Plaintiff filed a motion for leave to file a second amended complaint --

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which apparently crossed in the mail with the order withdrawing the F&R and granting Plaintiff

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leave to amend. (Doc. 28.) Thus, Plaintiff has until May 15, 2015 to file a second amended

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complaint if he desires to do so. Alternatively, if he decides to proceed only on the cognizable

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retaliation claim against Defendant Heberling as identified in the F&R that issued on December

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15, 2015, he must file a notice of intent to do so instead, at which time the F&R will be reinstated.

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(Doc. 27.)

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Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion for leave to file a second
amended complaint, filed on April 17, 2015 (Doc. 28), be DISREGARDED as moot.

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IT IS SO ORDERED.
Dated:

April 21, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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