Birrell v. Knauf et al

Filing 113

ORDER signed by Magistrate Judge Craig M. Kellison on 02/07/14 ordering plaintiff's motion for leave to amend 106 is denied. Motion for relief from final judgment 111 is denied. (Plummer, 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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DAVID WESLEY BIRRELL,
aka BELLA-CHRISTINA BIRRELL,

No. 2:10-CV-1707-GEB-CMK-P

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Plaintiff,
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vs.

ORDER

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KEITH HARLAN KNAUF, et al.,
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Defendants.
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/
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court are: (1) plaintiff’s motion for leave to amend (Doc.

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106); and (2) plaintiff’s motion for relief from final judgment (Doc. 111).

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In her motion for leave to amend, plaintiff seeks to file an amended complaint

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naming another prison inmate as a defendant. For the reasons set forth in the court’s June 7,

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2011, order denying a similar request, the current motion will also denied.

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Plaintiff’s motion for relief from final judgment will be denied because, to date,

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no final judgment has been entered in this action.

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///
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion for leave to amend (Doc. 106) is denied; and

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2.

Plaintiff’s motion for relief from final judgment (Doc. 111) is denied.

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DATED: February 7, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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