(PC) Morgan v. Sacramento County Sheriffs Dept. et al

Filing 110

ORDER signed by Magistrate Judge Dennis M. Cota on 2/17/21 DENYING 107 plaintiff's Motion to Amend the Complaint; the motion is DENIED without prejudice to renewal accompanied by a proposed third amended complaint. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMMY DAVIS MORGAN,

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No. 2:19-CV-1179-KJM-DMC-P

Plaintiff,

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v.

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MORGAN, et al.,

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ORDER

Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 107, for leave to file a

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third amended complaint.
Plaintiff seeks to amend the second amended complaint to substitute the

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Sacramento County Sheriff’s Department in place of Defendant Sacrament County Main Jail.

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See id. at 1-2. Plaintiff also states he seeks to add new claims. See id. at 2-4. The motion is

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defective because Plaintiff has not submitted a proposed third amended complaint with the

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current motion. While Plaintiff submitted a third amended complaint with an earlier motion for

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leave to amend, See ECF Nos. 101 and 102, Plaintiff has by separate motion asked that those

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filing be withdrawn, a request the Court grants by separate order. Plaintiff’s current motion for

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leave to amend is denied without prejudice to renewal accompanied by a proposed third amended

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complaint.

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IT IS SO ORDERED.

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Dated: February 17, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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