Gomez v. Braun et al.

Filing 62

ORDER signed by Magistrate Judge Kendall J. Newman on 9/26/18 DENYING 59 Amended Motion to Amend as untimely. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NEXIS RENE GOMEZ,

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No. 2:15-cv-2523 MCE KJN P

Plaintiff,
v.

ORDER

D. BRAUN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. On July 19, 2018, the

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undersigned recommended that defendants’ motion for summary judgment be granted. On

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September 17, 2018, the undersigned denied plaintiff’s motion to amend his pleading. However,

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on the same day, plaintiff’s amended motion to amend, received on September 14, 2018, was

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entered on the court’s docket. Upon review of the amended motion, the undersigned finds that

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the amended motion to amend is denied for the same reasons set forth in the September 17, 2018

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order. Given plaintiff’s delay and lack of diligence, it is inappropriate to vacate the underlying

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dispositive motion.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s amended motion to amend (ECF

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No. 59) is denied as untimely.

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Dated: September 26, 2018
gome2523.mta2

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