Armstrong v. Garcia

Full title: BRADY K. ARMSTRONG, Plaintiff, v. SILVEA GARCIA, et al., Defendants

Court: United States District Court, E.D. California

Date published: Oct 22, 2008

No. CIV S-08-0039 FCD KJM P (E.D. Cal. Oct. 22, 2008)

Opinion

No. CIV S-08-0039 FCD KJM P.

October 22, 2008

ORDER

KIMBERLY MUELLER, Magistrate Judge

Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. Plaintiff has filed a request for leave to file an amended complaint. Pursuant to Rule 15 of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that:

1. Plaintiff's request for leave to file an amended complaint (#25) is granted;

2. Plaintiff's complaint is dismissed;

3. Plaintiff shall file an amended complaint within thirty days of this order;

4. Defendants' motion to dismiss (#21) is denied without prejudice to renewal after plaintiff files his amended complaint; and

5. Defendants need not take any further action until informed to do so by the court.