(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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY JAMAAR SMITH, 12 Plaintiff, 13 14 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., 15 Defendants. 16 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 17 18 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this 19 action on August 25, 2020. (ECF No. 1.) On August 28, 2020, the Court screened Plaintiff’s complaint and granted Plaintiff leave 20 21 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 22 23 order requirements, filed September 8, 2020. (ECF No. 7.) Although titled as a motion to amend, 24 the filing appears to be Plaintiff’s first amended complaint. (Id.) As Plaintiff has already been 25 granted leave to amend by the Court’s August 28, 2020 screening order, Plaintiff’s motion to 26 amend is unnecessary. The motion is therefore denied as moot. Plaintiff’s first amended 27 complaint will be screened in due course. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED as follows: 2 1. Plaintiff’s motion to amend, (ECF No. 7), is DENIED as moot; and 3 2. The Clerk of the Court is directed to docket Plaintiff’s September 8, 2020 filing, (ECF No. 4 7), as the first amended complaint. 5 6 7 8 IT IS SO ORDERED. Dated: /s/ Barbara September 10, 2020 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?