Melvin R. Brummett, Jr. v. J. Rivero

Filing 28

ORDER denying 26 Motion to Amend the Complaint as unnecessary signed by Magistrate Judge Stanley A. Boone on 11/15/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MELVIN RAY BRUMMETT, JR.,

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Plaintiff,
v.
J. RIVERO,
Defendant.

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Case No.: 1:17-cv-00639-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
AMEND THE COMPLAINT AS UNNECESSARY
[ECF No. 26]

Plaintiff Melvin Ray Brummett, Jr. is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion to amend the complaint, along with a first
amended complaint which was lodged on November 14, 2017.

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On May 8, 2017, the Court severed Plaintiff’s retaliation claim against Defendant J. Rivero

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from his retaliation claim against Defendant Dean in case number 1:16-cv-01400-AWI-SAB (PC),

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Melvin Ray Brummett, Jr. v. R. A. Dean, and the instant action was opened.

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In the instant motion, Plaintiff seeks to amend the complaint “in order to completely separate

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his civil complaints.” Plaintiff is advised that amendment of the complaint is not necessary as this

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action is proceeding solely on his retaliation claim against Defendant J. Rivero and his retaliation

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claim against Defendant Dean is proceeding in case number 1:16-cv-01400-AWI-SAB (PC), Melvin

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Ray Brummett, Jr. v. R. A. Dean.
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Accordingly, Plaintiff’s motion to amend the complaint is denied as unnecessary.

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IT IS SO ORDERED.

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Dated:

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November 15, 2017
UNITED STATES MAGISTRATE JUDGE

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