Dillingham v. Garcia et al

Filing 32

ORDER DENYING 30 Plaintiff's Motion for Leave to Amend, Without Prejudice signed by Magistrate Judge Erica P. Grosjean on 4/9/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERRY DILLINGHAM,

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Plaintiff,
v.
F. GARCIA,

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Case No. 1:18-cv-00579-LJO-EPG (PC)
ORDER DENYING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND,
WITHOUT PREJUDICE
(ECF NO. 30)

Defendant.

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Jerry Dillingham (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983.
On April 5, 2019, Plaintiff filed a motion for leave to file a second amended complaint.

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(ECF No. 30). In the motion, Plaintiff references, among other documents, attached exhibits

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and an attached second amended complaint. However, the proposed second amended

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complaint is not attached, nor are any exhibits.

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Accordingly, IT IS ORDERED that Plaintiff’s motion for leave to amend is denied,

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without prejudice to Plaintiff refiling the motion with a signed copy of the proposed second

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amended complaint attached.1

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IT IS SO ORDERED.
Dated:

April 9, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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On February 1, 2019, Plaintiff filed a motion for leave to file a first amended complaint, along with a
copy of the proposed amended complaint. (ECF Nos. 23 & 24). The Court has not yet ruled on this motion.

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