Townsel v. Madera County Dept Probation et al

Filing 9

Order STRIKING Plaintiff's First Amended Complaint and DENYING Plaintiff's 8 Application to Proceed In Forma Pauperis as moot, signed by Magistrate Judge Stanley A. Boone on 6/11/2015. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID TOWNSEL,

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ORDER STRIKING PLAINTIFF’S FIRST
AMENDED COMPLAINT AND DENYING
PLAINTIFF’S APPLICATION TO
PROCEED IN FORMA PAUPERIS AS
MOOT

Plaintiff,

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Case No. 1:15-cv-00763-LJO-SAB

v.
MADERA COUNTY DEPT PROBATION, et
al.,

(ECF Nos. 7, 8)

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Defendants.
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On May 19, 2015, Plaintiff filed a complaint and motion to proceed in forma pauperis in
this action. On May 27, 2015, Plaintiff was granted in forma pauperis status and a findings and
recommendations issued recommending that Plaintiff’s complaint be dismissed with leave to
amend. (ECF No. 6.) Plaintiff was granted thirty days in which to file objections to the findings
and recommendations and was advised that he was not being granted leave to file an amended
complaint at this time. On June 10, 2015, Plaintiff filed a first amended complaint and a second
motion to proceed in forma pauperis. (ECF Nos. 7, 8.)
Since Plaintiff has previously been granted leave to proceed in forma pauperis his second
application shall be denied as moot. Additionally, Plaintiff has not been granted leave to file an
amended complaint at this time, and therefore his first amended complaint is stricken from the
record. As Plaintiff was advised in the findings and recommendations, once an order issues

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1 addressing the findings and recommendations, Plaintiff shall be provided with the date by which
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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s second application to proceed in forma pauperis is DENIED as MOOT;
and

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2.

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Plaintiff’s first amended complaint is STRICKEN FROM THE RECORD.

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IT IS SO ORDERED.

9 Dated:

June 11, 2015
UNITED STATES MAGISTRATE JUDGE

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