Brewer v. City of Fairfield

Full title: BOBBY JOE BREWER III, Plaintiff, v. CITY OF FAIRFIELD, et al., Defendants

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

Date published: Oct 20, 2008

No. CIV S-08-0971 FCD KJM PS (E.D. Cal. Oct. 20, 2008)

Opinion

No. CIV S-08-0971 FCD KJM PS.

October 20, 2008

ORDER

KIMBERLY MUELLER, Magistrate Judge

This action was referred to the undersigned pursuant to Local Rule 72-302(c)(21). An amended complaint has been filed and defendants have answered. Plaintiff now seeks leave to file a further amended complaint. Because plaintiff did not attach a proposed second amended complaint, the court cannot properly assess whether leave to amend should be granted. Plaintiff's request for leave to amend will therefore be denied without prejudice.

Plaintiff has also requested an extension of time to respond to defendants' opposition to plaintiff's original motion to file an amended complaint. Any such response is moot in light of plaintiff's having already filed an amended complaint. Plaintiff's request for extension of time will therefore be denied.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's request to file further amended complaint (docket no. 20) is denied without prejudice.

2. Plaintiff's request for extension of time (docket no. 21) is denied.