Patrick v. Reynaga et al

Filing 29

ORDER Denying 24 Motion to Amend as Moot; ORDER Granting 27 Motion to Extend Time to File Second Amended Complaint, signed by Magistrate Judge Michael J. Seng on 1/11/17. Amended Complaint Due Within Thirty Days. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS PATRICK, Plaintiff, 12 13 14 15 v. 1:16-cv-00239-LJO-MJS (PC) ORDER DENYING MOTION TO AMEND AS MOOT (ECF NO. 24) REYNAGA, et al., Defendant. 16 ORDER GRANTING PLAINTIFF’S FIRST MOTION TO EXTEND TIME TO FILE SECOND AMENDED COMPLAINT (ECF NO. 27) 17 THIRTY-DAY DEADLINE 18 19 20 Plaintiff is a prisoner proceeding pro se in a civil rights action pursuant to 42 21 U.S.C. ' 1983. On November 21, 2016, the Court granted Plaintiff’s motion to dismiss 22 the first amended complaint and granted Plaintiff leave to amend within thirty days. (ECF 23 No. 26.) Simultaneous with the signing of that order, Plaintiff filed a motion to amend and 24 lodged a proposed amended complaint. (ECF Nos. 24 and 25.) Therein, Plaintiff sought 25 to add additional defendants to the first amended complaint which, as stated, has been 26 dismissed with leave to amend. 27 Additionally, on December 29, 2016, Plaintiff filed a motion to extend time to file 28 1 1 2 3 4 5 6 7 8 9 10 his second amended complaint, as ordered in the Court’s November 21, 2016 order. Because Plaintiff already has been granted leave to amend, his motion to amend (ECF No. 24) is HEREBY DENIED as moot. Because Plaintiff is in the process of preparing a second amended complaint (ECF No. 25), the lodged proposed amended complaint will not be filed. Because Plaintiff has presented good cause, his motion for extension of time to file a second amended complaint (ECF No. 27) is HEREBY GRANTED. Plaintiff is granted thirty days from the date of service of this order in which to file second amended complaint. IT IS SO ORDERED. 11 12 Dated: January 11, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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