Alford v. Kernan, et al.
Filing
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ORDER signed by Magistrate Judge Dennis M. Cota on 10/24/2018 STRIKING 21 Second Amended Prisoner Civil Rights Complaint. Plaintiff's first amended complaint will be addressed by separate order. (Huang, H)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVID PATRICK ALFORD,
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Plaintiff,
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No. 2:16-CV-1305-KJM-DMC-P
v.
ORDER
SCOTT KERNAN, et al.,
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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983.
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On April 26, 2017, plaintiff sought leave to file an amended complaint. See Doc.
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16. That motion was denied on June 23, 2017, as unnecessary pursuant to Federal Rule of Civil
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Procedure 15(a)(1). See Doc. 17 (June 23, 2017, order). Plaintiff filed a first amended complaint
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as of right on August 7, 2017. Plaintiff then filed a second amended complaint on August 23,
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2017. Because plaintiff did not obtain leave of court to further amend his complaint, see Fed. R.
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Civ. P. 15(a)(2), the second amended complaint is stricken. Plaintiff’s first amended complaint
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will be addressed by separate order.
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IT IS SO ORDERED.
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Dated: October 24, 2018
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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