Cannon v. Daves et al

Filing 13

ORDER Granting Plaintiff's 12 Motion to Withdraw First Amended Complaint signed by Magistrate Judge Jeremy D. Peterson on 04/29/2019. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KELVIN CANNON,
Plaintiff,

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v.

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KONG, et al.,

Case No. 1:18-cv-00666-LJO-JDP
ORDER GRANTING PLAINTIFF’S
MOTION TO WITHDRAW FIRST
AMENDED COMPLAINT
ECF No. 12

Defendants.

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Plaintiff Kelvin Cannon is a state prisoner proceeding without counsel in this civil rights

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action brought under 42 U.S.C. § 1983. On April 15, 2019, the court screened plaintiff’s first

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amended complaint and found that he failed to state a claim against any defendant. ECF No. 11.

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The court gave plaintiff two options: First, plaintiff could withdraw his first amended complaint

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and proceed on his original complaint, which the court found stated cognizable claims. Id.

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Second, plaintiff could file a second amended complaint with the requisite detail for this action to

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proceed. Id.

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On April 22, 2019, plaintiff moved to withdraw his first amended complaint. ECF No. 12.

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The court hereby grants his motion. Plaintiff’s first amended complaint, ECF No. 10, is

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considered withdrawn, and the action will proceed on plaintiff’s original complaint, filed May 16,

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2019, ECF No. 1. The findings and recommendations, issued on March 29, 2019, that plaintiff be

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permitted to proceed on cognizable claims stated in his original complaint and that non1

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cognizable claims be dismissed with leave to amend will now be considered by the district judge

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assigned to this case. ECF No. 9.

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IT IS SO ORDERED.

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Dated:
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April 29, 2019
UNITED STATES MAGISTRATE JUDGE

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No. 203

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