Asberry v. Cate et al

Filing 33

ORDER signed by Magistrate Judge Kendall J. Newman on 3/22/12 ORDERING that 28 motion for leave to amend is DENIED; 29 Motion for a court order is DENIED. (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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TONY ASBERRY,
Plaintiff,

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No. 2: 11-cv-2462 KJM KJN P

vs.

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MATTHEW CATE, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel, with this civil rights
action seeking relief pursuant to 42 U.S.C. § 1983.

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On March 2, 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. Because plaintiff did not

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

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leave to amend must therefore be denied.

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On March 2, 2012, plaintiff submitted seven copies of his second amended

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complaint necessary to effect service. By separate order, the undersigned directs the U.S.

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Marshal to serve the second amended complaint.
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On March 2, 2012, plaintiff also filed a motion for an order directing prison

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officials to make copies of the second amended complaint. Because plaintiff submitted the

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copies of the second amended complaint necessary to effect service, the March 2, 2012 motion

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for an order directing prison officials to make these copies is denied as moot.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s March 2, 2012 motion for leave to amend (Dkt. No. 28) is denied;

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2. Plaintiff’s March 2, 2012 motion for a court order (Dkt. No. 29) is denied.

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DATED: March 22, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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as2462.ord

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