Gomez v. Acharya et al

Filing 27

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/11/2019 DENYING plaintiff's 25 motion to amend; and the Clerk shall STRIKE the proposed first amended petition. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD GOMEZ,

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Plaintiff,

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No. 2:17-cv-2407 MCE CKD P

v.

ORDER

ACHARYA, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C.

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§ 1983, has filed a motion to amend along with a proposed first amended complaint. (ECF Nos.

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25, 26.) By order filed January 29, 2019, this case was stayed and referred to the Post-Screening

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ADR Project. (ECF No. 18.) In staying the case, the court ordered that “[e]xcept as provided

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herein or by subsequent order, no other pleadings or other documents may be filed in this case

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during the stay of this action.” (Id. at 2.) Plaintiff’s motion to amend and proposed amended

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complaint are therefore unauthorized. In the event settlement negotiations are unsuccessful and

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the stay is lifted, plaintiff will have an opportunity to seek leave to amend at that time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to amend (ECF No. 25) is denied.

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2. The Clerk of the Court is directed to strike the proposed first amended petition (ECF

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No. 26).

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Dated: April 11, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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13:gome2407.amend.deny

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