James v. Comier

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/14/2016 ORDERING that the 6 Second Amended Complaint is STRICKEN. Plaintiff's 7 Motion to Proceed IFP is DENIED AS MOOT. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYRONE JAMES,

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Plaintiff,

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No. 2:16-cv-1108 TLN CKD PS

v.

ORDER

SUSAN COMIER,

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Defendant.

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Plaintiff is proceeding in this action pro se and in forma pauperis. Plaintiff has filed a

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second amended complaint. Because plaintiff previously filed an amended complaint, plaintiff

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may not further amend the complaint absent leave of court or by stipulation of the parties. See

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Fed. R. Civ. P. 15(a). The second amended complaint will therefore be stricken.1
Plaintiff has filed a motion to proceed in forma pauperis. Plaintiff was previously granted

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leave to proceed in forma pauperis. Plaintiff’s motion will therefore be denied as moot.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The second amended complaint (ECF No. 6) is stricken.

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The court notes that the second amended complaint does not cure the jurisdictional deficiencies
evident in the original and first amended complaints.
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2. Plaintiff’s motion to proceed in forma pauperis (ECF No. 7) is denied as moot.
Dated: July 14, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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