Trujillo v. Hithe

Filing 40

ORDER signed by Magistrate Judge Allison Claire on 1/26/2015 DENINIG as unnecessary plaintiff's 35 motion to amend the complaint, plaintiff's Second Amended Complaint will be screened in due course; and plaintiff's 39 motion for default is DENIED as premature. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO CRUZ TRUJILLO,

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No. 2:14-cv-0584 AC P

Plaintiff,
v.

ORDER

HITHE, et al.,

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Defendants.

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Plaintiff in this civil rights lawsuit under 42 U.S.C. § 1983 is a state prisoner proceeding

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pro se and in forma pauperis. Plaintiff has filed motions (1) to amend the complaint, and (2) for

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“default.”

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For good cause shown, IT IS HEREBY ORDERED THAT:

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1. Plaintiff’s motion to amend (ECF No. 35), is DENIED as unnecessary, since the court

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has already granted him leave to amend at ECF No. 34. Plaintiff’s Second Amended Complaint

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will be screened pursuant to 28 U.S.C. § 1915A in due course.

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2. Plaintiff’s motion for default (ECF No. 39) is DENIED as premature, since defendant

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has no obligation to respond to the complaint until it has survived screening.

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DATED: January 26, 2015

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