UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 26, 2010
DAVID B. JOHNSON, PLAINTIFF,
R.J. SUBIA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge
Motion to File Supplemental
Motion to Dismiss (#49)
This matter is before the Court on Defendants' Request for Leave to File a Supplemental Motion to Dismiss (#49), filed October 11, 2010.
Defendants request that the Court grant them leave to file a supplemental motion to dismiss. (#49). In its September 22, 2010 Order and Findings and Recommendations, the Court clarified Plaintiff's claims and found that Plaintiff had a retaliation claim based on the allegation that he was falsely charged with battery by defendants. (#45). The Court noted that this claim was not specifically identified in Plaintiff's Complaint or in the Court's screening order. (Id.)
As a result, the Court finds good cause to grant Defendants leave to address this previously unidentified claim. Accordingly, . . . . . . . . . . . . . . . . . .
IT IS HEREBY ORDERED that Defendants' Request for Leave to File a Supplemental Motion to Dismiss (#49) is granted. Defendants shall have until November 24, 2010 to file their supplemental motion to dismiss.
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