Carroll v. State of California et al

Filing 48

ORDER signed by Magistrate Judge Kendall J. Newman on 2/22/2018 DENYING without prejudice 47 Motion for Leave to Amend. Plaintiff granted 30 days from the date of this order to file an amended complaint. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TREMAYNE DEON CARROLL,

12

Plaintiff,

13
14

No. 2: 16-cv-1759 TLN KJN P

v.

ORDER

STATE OF CALIFORNIA, et al.,

15

Defendants.

16
17

Plaintiff is a state prisoner, proceeding without counsel, with this civil rights action

18

seeking relief pursuant to 42 U.S.C. § 1983. On January 8, 2018, the court granted plaintiff sixty

19

days to file an amended complaint. (ECF No. 46.)
On February 15, 2018, plaintiff filed a motion for leave to amend his complaint. (ECF

20
21

No. 47.) Plaintiff’s motion was not, however, accompanied by a proposed amended complaint.

22

As a prisoner, plaintiff’s pleadings are subject to evaluation by this court pursuant to the in forma

23

pauperis statute. See 28 U.S.C. § 1915A. Because plaintiff did not submit a proposed amended

24

complaint, the court is unable to evaluate it.

25

Accordingly, IT IS HEREBY ORDERED that:

26

1. Plaintiff’s motion for leave to amend (ECF No. 47) is denied without prejudice;

27

////

28

////
1

1

2. Plaintiff is granted thirty days from the date of this order to file an amended complaint;

2

failure to file an amended complaint within that time will result a recommendation of dismissal of

3

this action.

4

Dated: February 22, 2018

5
6
7
Carr1759.ord

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2