Coleman v. Foulk, et al
Filing
48
ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/08/16 ordering Plaintiffs motion for leave to file a second amended complaint 41 is granted.Plaintiffs first amended complaint is dismissed.Defendants motion to dismiss 33 is denied without prejudice.Defendants motion to strike 45 is denied. Defendants need not take any further action with respect to this matter until notified by the court that action is required. (Plummer, M) Modified on 6/8/2016 (Plummer, M).
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
SAAHDI ABDUL COLEMAN,
12
Plaintiff,
13
14
No. 2:13-cv-1753 KJM CKD P
v.
ORDER
FRED FOULK, et al.,
15
Defendants.
16
Plaintiff is a California prisoner proceeding pro se with an action for violation of civil
17
18
rights under 42 U.S.C. §1983. On November 3, 2015, defendants filed a motion seeking
19
dismissal of plaintiff’s remaining claims. Plaintiff responded to the motion by essentially
20
admitting that his pleadings are defective and by seeking leave to file a second amended
21
complaint, which plaintiff has already filed, in order to attempt to cure the deficiencies.
The court has reviewed defendants’ motion to dismiss, and it appears the parties are
22
23
correct that at least some or parts of defendants’ arguments have merit. It also appears some or
24
all of the defects identified by defendants can be cured by amended pleadings. Considering leave
25
to amend pleadings should be given freely when justice so requires, Fed R. Civ. P. 15(a)(2), and
26
considering the court must generally give pro se litigants an opportunity to cure the deficiencies
27
in their pleadings, after the litigant has been informed of those deficiencies, see Ferdik v.
28
/////
1
1
Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992), the court will grant plaintiff’s motion for leave to
2
amend.
3
By separate order, the court will screen plaintiff’s second amended complaint pursuant to
4
the court’s obligation to do so under 28 U.S.C. § 1915A(a). Defendants’ pending motion to
5
dismiss will be denied without prejudice and defendants need take no further action until they are
6
notified by the court that further action is required.
7
In accordance with the above, IT IS HEREBY ORDERDED that:
8
1. Plaintiff’s motion for leave to file a second amended complaint (ECF No. 41) is
9
granted;
10
2. Plaintiff’s first amended complaint is dismissed;
11
3. Defendants’ motion to dismiss (ECF No. 33) is denied without prejudice;
12
4. Defendants’ motion to strike (ECF No. 45) is denied; and
13
5. Defendants need not take any further action with respect to this matter until notified
14
15
by the court that action is required.
Dated: June 8, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
16
17
18
19
1
cole1753.mta
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?