Simon Thornton v. Dileo et al

Filing 15

ORDER Regarding Lodged Third Amended Complaint 14 ; Clerk to Return Third Amended Complaint to Plaintiff, signed by Magistrate Judge Michael J. Seng on 01/12/2015. (Martin-Gill, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SIMON THORNTON, 10 11 12 Plaintiff, CASE NO. 1:14-cv-0920-LJO-MJS (PC) ORDER REGARDING LODGED THIRD AMENDED COMPLAINT v. (ECF No. 14) L. DILEO, et al., 13 Defendants. CLERK TO RETURN THIRD AMENDED COMPLAINT TO PLAINTIFF 14 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action brought pursuant to 42 U.S.C. § 1983. On December 24, 2014, Plaintiff filed 17 a motion for voluntary dismissal. (ECF No. 12.) The action was dismissed without 18 prejudice on January 5, 2015. (ECF No. 13.) Also on January 5, 2015, Plaintiff lodged a 19 proposed third amended complaint. (ECF No. 14.) 20 The action is closed and Plaintiff’s third amended complaint will not be filed. 21 Plaintiff may, if he chooses, refile his proposed complaint in a new action. The Clerk’s 22 Office is HEREBY DIRECTED to return the lodged third amended complaint (ECF No. 23 14) to Plaintiff. 24 25 26 IT IS SO ORDERED. Dated: January 12, 2015 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 27 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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