Evans v. Sisto et al

Filing 100

ORDER signed by Magistrate Judge John F. Moulds on 8/12/11: Plaintiff's December 22, 2010 motion to amend his complaint is denied. Plaintiff's March 8, 2011 motion is denied. Plaintiff's May 2, 2011 motion is denied. (Kaminski, H)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

JAMES EVANS, JR.,

11

Plaintiff,

12
13

No. 2:09-cv-0292 WBS JFM (PC)

vs.
D. K. SISTO, et al.,

14

Defendants.

15

ORDER
/

16

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

17

42 U.S.C. § 1983. On December 22, 2010, plaintiff filed a motion for leave to amend his

18

complaint. On March 8, 2011, plaintiff filed a motion styled as a motion for preliminary

19

injunction but which seeks no specific injunctive relief from the court. On May 2, 2011, plaintiff

20

filed a motion styled as a motion for a three judge court.

21

In all three motions, plaintiff continues to contend that the California Department

22

of Corrections and Rehabilitation lacks jurisdiction to keep him in custody. That contention has

23

been found to be without merit, and the claim raised by plaintiff in this action which rested

24

thereon has been dismissed. See Findings and Recommendations filed March 30, 2010, at 3-4;

25

Order filed May 5, 2010. Plaintiff’s motions will be denied.

26

/////
1

1

In accordance with the above, IT IS HEREBY ORDERED that:

2

1. Plaintiff’s December 22, 2010 motion to amend his complaint is denied;

3

2. Plaintiff’s March 8, 2011 motion is denied; and

4

3. Plaintiff’s May 2, 2011 motion is denied.

5

DATED: August 12, 2011.

6
7
8
9
10

12
evan0292.o

11
12
13
14
15
16
17

DAD:12
brow0389.pi

18
19
20
21
22
23
24
25
26
2