Windham v. Marin et al

Filing 27

ORDER Regarding Plaintiff's Motion to Amend; ORDER DIRECTING Clerk of Court to Correct the Docket to Reflect True Name of Defendant 22 , signed by Magistrate Judge Barbara A. McAuliffe on 4/20/15: Plaintiff's request to amend an as yet unfiled amended complaint is DENIED. However, the Clerk of the Court is directed to correct the docket to reflect the true name of Defendant Raley as "W. Rasley". (Hellings, J)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 CHARLES W. WINDHAM, 10 11 12 Plaintiff, v. M. MARIN, et al., 13 Defendants. 14 15 16 ) ) ) ) ) ) ) ) ) ) ) ) 1:14-cv-01636-LJO-BAM (PC) ORDER REGARDING PLAINTIFF’S MOTION TO AMEND ORDER DIRECTING CLERK OF COURT TO CORRECT THE DOCKET TO REFLECT TRUE NAME OF DEFENDANT (ECF No. 22) Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner proceeding in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on 18 October 6, 2014, and the matter was transferred to this Court on October 20, 2014. 19 On March 30, 2015, the Court found service of Plaintiff’s original complaint appropriate 20 and directed Plaintiff to submit service documents for Defendants Uribe, Marin, Raley, 21 Contreras, Capano, Rubio, Shiver, Morales and Navarro. (ECF No. 17.) 22 On April 10, 2015, Plaintiff filed a motion to amend his as yet unfiled amended 23 complaint to reflect the true name of Defendant Raley as “W. Rasley.” (ECF No. 22.) 24 On April 13, 2015, Plaintiff returned service documents for defendants, and the Court 25 directed the United States Marshal to serve Plaintiff’s complaint, filed on October 6, 2014. (ECF 26 Nos. 23, 24.) 27 28 1 1 Plaintiff’s request to amend an as yet unfiled amended complaint is HEREBY DENIED. 2 However, the Clerk of the Court is directed to correct the docket to reflect the true name of 3 Defendant Raley as “W. Rasley.” 4 5 6 IT IS SO ORDERED. Dated: /s/ Barbara April 20, 2015 7 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 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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