Watts v. Hamann

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 3/28/2017 DENYING without prejudice plaintiff's 13 motion to amend. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

QUINTON JOEY WATTS,

12

Plaintiff,

13
14

v.

No. 2:17-cv-0379 MCE KJN P

ORDER

SIMON HAMANN,

15

Defendant.

16
Plaintiff is a state prisoner proceeding pro se with this civil rights action seeking relief

17
18

pursuant to 42 U.S.C. § 1983. On March 15, 2017, the undersigned recommended that this action

19

be dismissed without prejudice.
On March 24, 2017, plaintiff filed a motion for leave to amend his complaint.1 Plaintiff’s

20
21

motion was not, however, accompanied by a proposed amended complaint. As a prisoner,

22

plaintiff’s pleadings are subject to evaluation by this court pursuant to the in forma pauperis

23

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

24

the court is unable to evaluate it.

25

////

26

////

27
28

1

Plaintiff’s motion was not dated, so it is unclear whether plaintiff had benefit of the court’s
March 15, 2017 order and findings and recommendations.
1

1

Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 24, 2017 motion for leave

2

to amend (ECF No. 13) is denied without prejudice.

3

Dated: March 28, 2017

4
5
/watt0379.10b

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2