Davis v. Sacramento County Jail et al

Filing 37

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/26/2012 DENYING plaintiff's 35 motion for leave to amend. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRENCE L. DAVIS,

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Plaintiff,
vs.

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SAC. CO. JAIL, et al.,
Defendants.

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ORDER
/

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil

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No. CIV S-11-1027 CKD P

rights action seeking relief pursuant to 42 U.S.C. § 1983.
On January 23, 2012, 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. Since plaintiff did not submit a

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proposed amended complaint, the court is unable to evaluate it. Plaintiff’s motion for leave to

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amend must therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for leave to

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amend (Docket No. 35) is denied.
Dated: January 26, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/kly
davi1027.10b

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