(PC) Smith v. Insurer of CDC et al

Filing 10

ORDER DENYING AS MOOT #7 Motion to Amend the Complaint and Directing Clerk of Court to Docket Plaintiff's First Amended Complaint signed by Magistrate Judge Barbara A. McAuliffe on 9/10/2020. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODNEY JAMAAR SMITH,

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Plaintiff,

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Case No. 1:20-cv-01196-DAD-BAM (PC)
ORDER DENYING MOTION TO AMEND
COMPLAINT AS MOOT

v.
(ECF No. 7)
INSURER OF CDC, et al.,

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Defendants.

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ORDER DIRECTING CLERK OF COURT TO
DOCKET PLAINTIFF’S FIRST AMENDED
COMPLAINT

Plaintiff Rodney Jamaar Smith (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on August 25, 2020. (ECF No. 1.)
On August 28, 2020, the Court screened Plaintiff’s complaint and granted Plaintiff leave

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to file a first amended complaint within thirty (30) days. (ECF No. 6.)
Currently before the Court is Plaintiff’s motion to amend the complaint for screening

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order requirements, filed September 8, 2020. (ECF No. 7.) Although titled as a motion to amend,

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the filing appears to be Plaintiff’s first amended complaint. (Id.) As Plaintiff has already been

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granted leave to amend by the Court’s August 28, 2020 screening order, Plaintiff’s motion to

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amend is unnecessary. The motion is therefore denied as moot. Plaintiff’s first amended

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complaint will be screened in due course.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Plaintiff’s motion to amend, (ECF No. 7), is DENIED as moot; and

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2. The Clerk of the Court is directed to docket Plaintiff’s September 8, 2020 filing, (ECF No.

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7), as the first amended complaint.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 10, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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