Cardona v. Syverson

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/11 ORDERING that Defendant's MOTION to Dismiss 12 is DENIED without prejudice. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN CARDONA,

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Plaintiff,

No. 2:11-cv1680 KJM KJN P

vs.
DALE SYVERSON, M.D.,

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Defendant.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel, in this action filed

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pursuant to 42 U.S.C. § 1983. On August 16, 2011, this court granted plaintiff’s application to

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proceed in forma pauperis, but dismissed plaintiff’s complaint with leave to file an amended

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complaint. (Dkt. No. 9.) On August 19, 2011, defendant filed a motion to dismiss plaintiff’s

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original complaint. (Dkt. No. 12.) Defendant’s motion must be denied as moot; defendant may

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renew his motion after plaintiff has filed an amended complaint.

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Accordingly, IT IS HEREBY ORDERED that defendant’s motion to dismiss filed

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August 19, 2011 (Dkt. No. 12) is denied without prejudice.

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DATED: August 23, 2011
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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card1680.ord.

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