UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 7, 2009
PAUL ANTOINE, PLAINTIFF,
CRAIG PELZ, DEFENDANT.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DENYING WITHOUT PREJUDICE MOTION FOR LATE FILING OF AMENDED COMPLAINT (Doc. 24.)
Plaintiff Paul Antoine ("plaintiff") is a former state prisoner who was proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Pursuant to a court order, Plaintiff was required to file his amended complaint by July 21, 2008. (Doc. 15.) Plaintiff failed to do so and on September 16, 2008, this action was dismissed for Plaintiff's failure to obey a court order and failure to state a claim.*fn1 (Doc. 21.) On October 20, 2008, Plaintiff filed a motion requesting that he be permitted to file his amended complaint late. (Doc. 24.)
This action is closed and Plaintiff has not filed a motion seeking relief from judgment. Fed. R. Civ. P. 60. Accordingly, the motion for leave to file an amended complaint is denied without prejudice.
IT IS SO ORDERED.