Jones v. David, et al

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/11 DENYING 29 Motion for leave to amend. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MALIK JONES,
Plaintiff,

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vs.

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No. CIV S-09-3174 FCD KJN (TEMP) P

A. DAVID, et al.,
Defendants.

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/

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Plaintiff is a state prisoner proceeding without counsel and in forma pauperis with

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ORDER

this civil rights action seeking relief pursuant to 42 U.S.C. § 1983.
On July 8, 2011, plaintiff filed a motion for leave to amend his complaint.

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Plaintiff’s motion was not, however, accompanied by a proposed amended complaint. As a

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litigant proceeding in forma pauperis, plaintiff’s pleadings are subject to evaluation by this court

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pursuant to the in forma pauperis statute. See 28 U.S.C. § 1915. Because plaintiff did not

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submit a proposed amended complaint, the court is unable to evaluate it. Therefore, plaintiff’s

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motion for leave to amend must be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s July 8, 2011, motion for

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leave to amend is denied.

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DATED: July 13, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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jone3174.10b

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