Todd v. Zamora et al

Filing 10

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/14/2012 DENYING, as unnecessary, 8 Motion to Amend the Complaint; ORDERING Plaintiff to file an Amended Complaint within 28 days. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP A. TODD,

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Plaintiff,

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vs.

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No. 2:12-cv-2429 GGH P

ZAMORA, et al.,

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ORDER

Defendants.

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/

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis. He seeks

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relief pursuant to 42 U.S.C. § 1983. This case is before the undersigned pursuant to plaintiff’s

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consent. Doc. 4. Plaintiff’s original complaint was dismissed with leave to amend on October

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10, 2012. Plaintiff thereafter filed an unnecessary motion to amend and a purported first

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amended complaint, which is simply a reiteration of a request to amend the complaint.

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As ordered before, the initial complaint was dismissed with leave to amend.

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Plaintiff need not request further permission to amend. Plaintiff must still file an amended

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complaint within 28 days or else this case will be dismissed.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to amend (Doc. 8) is denied as unnecessary;

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2. Plaintiff must file an amended complaint within 28 days or the case will be

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dismissed.

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DATED: November 14, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB

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todd2429.ord

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