Mitchell v. Beard et al

Filing 32

ORDER DISREGARDING Plaintiff's 31 Motion to Withdraw Supplemental Complaint as MOOT signed by Magistrate Judge Dennis L. Beck on 8/9/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN E. MITCHELL,

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Plaintiff,

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v.

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J. BEARD, et al.,

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Case No. 1:15-cv-01512 DLB PC
ORDER DISREGARDING PLAINTIFF’S
MOTION TO WITHDRAW
SUPPLEMENTAL COMPLAINT AS MOOT

Defendants.
_____________________________________/

[ECF No. 31]

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Plaintiff John E. Mitchell, a state prisoner proceeding pro se and in forma pauperis, filed

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17 this civil rights action pursuant to 42 U.S.C. § 1983 on October 5, 2015. On January 22, 2016, he

18 filed a First Amended Complaint (“FAC”). Plaintiff names as Defendants: Sgt. E. Sanchez; Sgt.
19 L. Munoz; J. D. Ornealas; M. D. Hunter; Nurse Jane Doe #1; and Nurse John Doe #2.
On July 22, 2016, Plaintiff filed a motion to supplement his complaint. On July 29, 2016,

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21 the Court denied his request to supplement with prejudice and directed the Clerk of Court to return
22 the lodged supplement to Plaintiff.
On August 1, 2016, Plaintiff filed a motion to withdraw his motion to supplement.

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24 Because the motion to supplement has already been denied, Plaintiff’s motion to withdraw it is
25 moot.
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Plaintiff consented to the jurisdiction of the Magistrate Judge on October 16, 2015.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to withdraw his motion to

2 supplement is DENIED as moot.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 9, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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