IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 7, 2011
DARRYL L. HUBBARD, PLAINTIFF,
C. D. HOUGLAND, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiff is a state prisoner proceeding without counsel in this civil rights action filed pursuant to 42 U.S.C. § 1983. On December 10, 2010, this court granted plaintiff's application to proceed in forma pauperis and found service of plaintiff's complaint appropriate for all five named defendants. Thereafter, commencing December 20, 2010, plaintiff filed various documents with the court, including a notice that plaintiff had been served with the wrong copy of the endorsed complaint (Dkt. No. 10), a motion to file an amended complaint and proposed First Amended Complaint (Dkt. Nos. 11, 12), and then a "Motion to Dismiss" (withdraw) the instant action. The court seeks additional information before ruling on plaintiff's most recent request.*fn1
Accordingly, IT IS HEREBY ORDERED that plaintiff shall, within fourteen days after service of this order, inform the court of plaintiff's decision whether to pursue this case, and a very brief statement of the reasons therefore.