Holguin v. Wicks

Filing 25

ORDER Denying Defendant's 12 Motion to Dismiss as Moot; ORDER Granting Defendant's Request for Screening Order re 21 , signed by Magistrate Judge Barbara A. McAuliffe on 5/2/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PABLO HOLGUIN,

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Plaintiff,

Case No. 1:16-cv-00346-DAD-BAM (PC)
ORDER DENYING DEFENDANT’S
MOTION TO DISMISS AS MOOT

v.
(ECF No. 12)
R.WICKS,
Defendant.

ORDER GRANTING DEFENDANT’S
REQUEST FOR SCREENING ORDER
(ECF No. 21)

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Plaintiff Pablo Holguin (“Plaintiff”) is a state prisoner proceeding in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. On November 17, 2016, the Court found

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service of the complaint appropriate for Defendant Wicks. (ECF No. 8.)

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On March 8, 2017, Defendant Wicks filed a motion to dismiss the operative complaint.

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(ECF No. 12.) In response, Plaintiff filed a motion for an extension of time to oppose the motion

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to dismiss, which was granted by the Court. (ECF Nos. 13, 17.)

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On April 7, 2017, Plaintiff filed a motion for leave to amend the complaint and a motion

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to lodge documents in support of the amended complaint. (ECF Nos. 14, 15.) The Court directed

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the Clerk of the Court to lodge Plaintiff’s documents in support of the lodged amended complaint,

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and ordered Defendant to file a response to Plaintiff’s motion to amend the complaint. (ECF Nos.

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18, 20.) On April 26, 2017, Defendant filed a statement of non-opposition to the motion to
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amend, and a request for the Court to screen the amended complaint. (ECF No. 21.) By separate

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order, the Court granted Plaintiff’s motion to amend and directed the Clerk of the Court to file the

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lodged first amended complaint and exhibits. (ECF No. 22.)

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As Plaintiff has filed a first amended complaint, Defendant Wicks’ motion to dismiss the

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complaint (ECF No. 12) is HEREBY DENIED as moot. Plaintiff is not required to file an

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opposition to the motion to dismiss.

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Defendant’s request for screening of the first amended complaint (ECF No. 21) is

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HEREBY GRANTED. The Court will screen Plaintiff’s first amended complaint in due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 2, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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