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Johnson v. Subia

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 26, 2010

DAVID B. JOHNSON, PLAINTIFF,
v.
R.J. SUBIA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: George Foley, Jr. United States Magistrate Judge

ORDER

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.

20101026

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