Asberry v. Biter

Filing 63

ORDER DENYING as MOOT 29 Motion to Amend signed by Magistrate Judge Michael J. Seng on 9/12/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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Plaintiff,

Case No. 1:16-cv-01741-DAD-MJS (PC)
ORDER DENYING AS MOOT MOTION TO
AMEND

v.
C. RELEVANTE, et al.,

(ECF NO. 29)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on the following

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claims: an Eighth Amendment claim for deliberate indifference to a serious medical need

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against defendants Lozovoy and Relevante, an Eighth Amendment conditions of

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confinement claim against defendants Ferris and Godfrey, and a First Amendment

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retaliation claim against defendants Ferris and Godfrey.

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On July 10, 2017, Plaintiff filed a motion to amend his prayer for relief. (ECF No.

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29.) Subsequently, on August 9, 2017, he filed a motion to amend his entire pleading

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and lodged a proposed amended complaint. (ECF Nos. 44, 45.)

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Plaintiff’s original motion to amend has been superseded by his subsequent

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motion. Accordingly, his original motion (ECF No. 29) is HEREBY DENIED as moot. His

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subsequent motion will be addressed by separate order and in due course.

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IT IS SO ORDERED.
Dated:

September 12, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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