Ainsworth v. Foulk

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/21/2014 DENYING plaintiff's 9 motion to amend, as moot; and plaintiff is GRANTED 30 days to file an amended complaint in this action. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE L. AINSWORTH,

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No. 2:14-cv-0479 KJM CKD P

Plaintiff,

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v.

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FRED FOULK,

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ORDER

Defendant.

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Plaintiff commenced this prisoner civil rights action pursuant to 42 U.S.C. § 1983 on

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February 12, 2014. On March 3, 2014, plaintiff’s complaint was dismissed for failure to state a

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claim, and plaintiff was granted thirty days to file an amended complaint. (ECF No. 4.) Plaintiff

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has not filed an amended complaint; rather, he has filed a motion for leave to file an amended

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complaint. (ECF No. 9.) Because plaintiff has already been granted leave to amend, his motion

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is moot. However, the court will grant plaintiff an additional thirty days to file an amended

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complaint.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. Plaintiff’s motion to amend (ECF No. 9) is denied as moot; and

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2. Plaintiff is granted thirty days from the date of this order to file an amended complaint

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in this action. Failure to timely file an amended complaint will result in a recommendation that

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this action be dismissed.

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Dated: April 21, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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