Dennis v. Kerman et al

Filing 103

ORDER signed by Magistrate Judge Allison Claire on 4/23/2021 DENYING 101 Motion to Amend and DISREGARDING 102 Exhibits submitted. (Henshaw, R)

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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 MATTHEW DENNIS, 12 No. 2:16-cv-0542 JAM AC P Plaintiff, 13 v. 14 ORDER SCOTT KERNAN, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. 17 18 § 1983, has filed a motion to amend the complaint. ECF No. 101. The motion to amend requests to amend the complaint by adding additional exhibits 19 20 regarding plaintiff’s claims against defendant Phui. ECF Nos. 101, 102. The motion further 21 expresses plaintiff’s intent to continue filing exhibits with the court as they are received “for 22 evidence and purposes of trial.” ECF No. 101 at 1-2. This case is proceeding on plaintiff’s third 23 amended complaint, which has already been screened and found to state claims for relief against 24 defendant Phui, ECF No. 51, making any additional attachments unnecessary.1 The motion will 25 therefore be denied and the exhibits disregarded. Plaintiff should not file any further motions to 26 amend while this case is stayed. 27 28 1 Plaintiff is further advised that he should not file exhibits with the court unless they are attached to and being used in support of or in opposition to a pending motion. 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to amend, ECF No. 101, 2 is DENIED and the exhibits submitted by plaintiff, ECF No. 102, shall be DISREGARDED. 3 DATED: April 23, 2021 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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