Kent v. U.C. Davis Medical Center et al

Filing 26

ORDER signed by Magistrate Judge Allison Claire on 11/21/16 ordering plaintiff's motion to amend 21 is denied as moot. Defendant U.C. Davis Medical Center's motion to dismiss 24 is denied as premature. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD KENT,

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No. 2:15-cv-1924 WBS AC P
Plaintiff,

v.

ORDER

U.C. DAVIS MEDICAL CENTER, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. Currently before the court are plaintiff’s motion for leave to file an amended

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complaint (ECF No. 21) and defendant U.C. Davis Medical Center’s motion to dismiss (ECF

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No. 24).

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Prior to plaintiff filing his motion to amend, the court dismissed the original complaint

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with leave to amend. ECF No. 17. Since plaintiff had already been given leave to amend the

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complaint, it was unnecessary for him to request permission to file an amended complaint and the

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motion for leave will be denied as moot.

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Pursuant to the Prison Litigation Reform Act, the court is required to screen complaints

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brought by prisoners seeking relief against a governmental entity or officer or employee of a

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governmental entity. 28 U.S.C. § 1915A(a). Plaintiff’s amended complaint has yet to be

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screened and the court has yet to order service on any defendant. Defendants’ motion to dismiss
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is therefore premature and will be denied as such. The court will screen the amended complaint

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in due course.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to amend (ECF No. 21) is denied as moot.

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2. Defendant U.C. Davis Medical Center’s motion to dismiss (ECF No. 24) is denied as

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premature.

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DATED: November 21, 2016.

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