Abreu v. Jaime et al

Filing 24

ORDER Denying 22 Motion for Leave to Amend as Moot signed by Magistrate Judge Barbara A. McAuliffe on 06/20/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 17 ) Case No.: 1:16-CV-00715-BAM (PC) ) Plaintiff, ) ORDER DENYING MOTION FOR LEAVE TO ) AMEND AS MOOT v. ) (ECF No. 22) ) G. JAIME, et al., ) ) Defendants. ) ) ) Plaintiff Armando Abreu (“Plaintiff”), a state prisoner proceeding pro se and informa pauperis, 18 filed this action pursuant to 42 U.S.C. § 1983, on May 23, 2016. On June 7, 2017, the Court screened 19 Plaintiff’s second amended complaint and granted Plaintiff leave to file a third amended complaint. 20 (ECF No. 19.) Currently before the Court is Plaintiff’s Motion to Amend seeking leave to file a third 21 amended complaint. (ECF No. 22.) The Court’s screening order granted Plaintiff leave to file an 22 amended complaint and did not require Plaintiff to seek leave before doing so. Accordingly, 23 Plaintiff’s motion for leave to file a third amended complaint is DENIED as moot. The third amended 24 complaint will be screened in due course. 25 IT IS SO ORDERED. 11 12 13 14 15 16 ARMANDO ABREU, 26 Dated: 27 /s/ Barbara June 20, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 1

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