Davis v. Wheeler et al

Filing 21

ORDER signed by Magistrate Judge Dennis M. Cota on 06/14/19 DENYING 18 Motion for Extension of time and DENYING 20 Motion for leave to amend. Plaintiff's first amended complaint 19 filed on 3/04/19 is deemed timely filed. The clerk of the court is directed to update the docket to add Scott Kernan and D. Baughman as defendants to this action. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY DAVIS,

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Plaintiff,

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No. 2:16-CV-2917-TLN-DMC-P

v.

ORDER

Z. WHEELER, 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. Pending before the court are: (1) plaintiff’s motion for an extension of time

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(ECF No. 18); and (2) plaintiff’s motion for leave to file an amended complaint (ECF No. 20).

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Plaintiff’s motion for an extension of time will be granted to the extent plaintiff

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seeks additional time to file a first amended complaint. The first amended complaint filed on

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March 4, 2019, will be deemed timely.
In his motion for leave to amend, plaintiff appears to seek leave to add N. Romney

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as a defendant. This request will be denied because N. Romney was named in both the original

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and first amended complaints.

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This action currently proceeds on plaintiff’s first amended complaint against

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defendants Scott Kernan, D. Baughman, Z. Wheeler, and N. Romney, the sufficiency of which

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will be addressed separately.1

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion for an extension of time (ECF No. 18) is denied;

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2.

Plaintiff’s motion for leave to amend (ECF No. 20) is denied;

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3.

Plaintiff’s first amended complaint (ECF No. 19), filed on March 4, 2019,

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is deemed timely; and

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4.

The Clerk of the Court is directed to update the docket to add Scott Kernan

and D. Baughman as defendants to this action.

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Dated: June 14, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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The Clerk of the Court will be directed to update the docket to add Scott Kernan
and D. Baughman as defendants to this action.
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