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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE L. AINSWORTH, 12 No. 2:14-cv-0479 KJM CKD P Plaintiff, 13 v. 14 FRED FOULK, 15 ORDER Defendant. 16 17 18 Plaintiff commenced this prisoner civil rights action pursuant to 42 U.S.C. § 1983 on 19 February 12, 2014. On March 3, 2014, plaintiff’s complaint was dismissed for failure to state a 20 claim, and plaintiff was granted thirty days to file an amended complaint. (ECF No. 4.) Plaintiff 21 has not filed an amended complaint; rather, he has filed a motion for leave to file an amended 22 complaint. (ECF No. 9.) Because plaintiff has already been granted leave to amend, his motion 23 is moot. However, the court will grant plaintiff an additional thirty days to file an amended 24 complaint. 25 Accordingly, IT IS HEREBY ORDERED THAT: 26 1. Plaintiff’s motion to amend (ECF No. 9) is denied as moot; and 27 2. Plaintiff is granted thirty days from the date of this order to file an amended complaint 28 1 1 in this action. Failure to timely file an amended complaint will result in a recommendation that 2 this action be dismissed. 3 Dated: April 21, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 2 / ains0479.ord 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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