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

Filing 112

ORDER signed by Magistrate Judge Dennis M. Cota on 2/17/21 GRANTING 106 plaintiff's motion to withdraw prior motions. The motions for leave to amend 81 , 101 are WITHDRAWN and TERMINATED as pending motions on plaintiff's request, and 102 the proposed third amended complaint is STRICKEN. (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.,

ORDER

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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. 106, to withdraw prior

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motions.
This action currently proceeds on Plaintiff’s second amended complaint. See ECF

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No. 19. The case is at issue with Defendants’ amended answer to Plaintiff’s second amended

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complaint. See ECF No. 67. The case has been scheduled. See ECF No. 74. Since issuance of

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the scheduling order, Plaintiff has filed three motions for leave to amend, see ECF Nos. 81, 101,

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and 107, as well as a proposed third amended complaint, see ECF No. 102. In his motion to

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withdraw, Plaintiff seeks to withdraw his previous motions for leave to amend and proposed

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amended complaints. See ECF No. 106, pg. 1. Good cause appearing therefor, Plaintiff’s motion

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will be granted.

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Plaintiff’s motion for leave to amend at ECF No. 107, upon which Plaintiff wishes
to proceed, is addressed separately.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion, ECF No. 106, to withdraw prior motions is granted; and

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The motions for leave to amend at ECF Nos. 81 and 101 are withdrawn and

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terminated as pending motions on Plaintiff’s request, and the proposed third amended complaint

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filed on December 18, 2020, ECF No. 102, is stricken.

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

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