Crisp v. Wasco State Prison

Filing 17

ORDER Denying 16 Motion as Moot and Directing Clerk's Office to File Third Amended Complaint Received on November 21, 2014 signed by Magistrate Judge Sheila K. Oberto on 11/25/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OBIE L. CRISP III,
Plaintiff,

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v.

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ORDER DENYING MOTION AS MOOT
AND DIRECTING CLERK’S OFFICE TO
FILE THIRD AMENDED COMPLAINT
RECEIVED ON NOVEMBER 21, 2014

WASCO STATE PRISON, et al.,

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Case No. 1:13-cv-01899-SKO (PC)

Defendants.
_____________________________________/

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Plaintiff Obie L. Crisp III, a state prisoner proceeding pro se and in forma pauperis, filed

17 this civil rights action pursuant to 42 U.S.C. § 1983 on November 22, 2013. On November 17,
18 2014, Plaintiff filed a motion seeking leave to file a third amended complaint, and on November
19 20, 2014, the Court denied the motion as premature in light of Plaintiff’s entitlement to amend
20 once as a matter of right. Fed. R. Civ. P. 15(a). On November 21, 2014, the Court received
21 another motion seeking leave to amend accompanied by a proposed amended complaint.
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In light of the Court’s order filed on November 20, 2014, Plaintiff’s motion is HEREBY

23 DENIED as moot and the Clerk’s Office is DIRECTED to file the third amended complaint.
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IT IS SO ORDERED.
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Dated:

November 25, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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