Alford v. Kernan, et al.

Filing 28

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID PATRICK ALFORD, 12 Plaintiff, 13 14 No. 2:16-CV-1305-KJM-DMC-P v. ORDER SCOTT KERNAN, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. 19 On April 26, 2017, plaintiff sought leave to file an amended complaint. See Doc. 20 16. That motion was denied on June 23, 2017, as unnecessary pursuant to Federal Rule of Civil 21 Procedure 15(a)(1). See Doc. 17 (June 23, 2017, order). Plaintiff filed a first amended complaint 22 as of right on August 7, 2017. Plaintiff then filed a second amended complaint on August 23, 23 2017. Because plaintiff did not obtain leave of court to further amend his complaint, see Fed. R. 24 /// 25 /// 26 /// 27 /// 28 /// 1 1 Civ. P. 15(a)(2), the second amended complaint is stricken. Plaintiff’s first amended complaint 2 will be addressed by separate order. 3 IT IS SO ORDERED. 4 5 6 Dated: October 24, 2018 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 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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