Burell v. Lozovoy et al

Filing 20

ORDER DENYING 19 Request to Withdraw Amended Complaint to Add Missing Pages and Argument, as MOOT signed by Magistrate Judge Stanley A. Boone on 4/26/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGEE BURRELL,

Case No. 1:16-cv-01118-SAB (PC)

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ORDER DENYING REQUEST TO
WITHDRAW AMENDED COMPLAINT TO
ADD MISSING PAGES AND ARGUMENT,
AS MOOT

Plaintiff,
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v.
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RUSLAN LOZOVOY, et al.,

(ECF No. 19)

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Defendants.
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Plaintiff Angee Burrell is a state prisoner appearing pro se and in forma pauperis in this

17 civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff has consented to magistrate

18 jurisdiction pursuant to 28 U.S.C. § 636(c)(1). (ECF No. 10.)
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Currently before the Court is request to withdraw his amended complaint to add missing

20 pages and argument, filed April 24, 2017. (ECF No. 19.) Plaintiff states that since submitting his
21 amended complaint, he has re-reviewed the Court’s March 24, 2017 screening order, and
22 determined that he should have pleaded certain additional allegations.
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Plaintiff’s amended complaint was screened on April 19, 2017, and dismissed with leave

24 to amend. Thus, Plaintiff has already been granted the opportunity to amend his complaint to
25 attempt to state a cognizable claim.
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To the extent he believes in good faith that the additional allegations he describes in his

27 current request are related to this action, he may address them in his second amended complaint.
28 Plaintiff is reminded that he may not change the nature of this suit by adding new, unrelated

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1 claims in his second amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no
2 “buckshot” complaints).
Accordingly, Plaintiff’s motion to withdraw his amended complaint to add missing pages

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4 and argument, filed April 24, 2017 (ECF No. 19) is HEREBY DENIED, as moot.
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IT IS SO ORDERED.

7 Dated:

April 26, 2017
UNITED STATES MAGISTRATE JUDGE

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