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Thomas L. Davis v. Usp Florence

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 24, 2011

THOMAS L. DAVIS,
PLAINTIFF,
v.
USP FLORENCE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER GRANTING MOTION TO AMEND (ECF No. 20)

Plaintiff Thomas L. Davis ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil action. On November 16, 2010, Plaintiff filed his First Amended Complaint. (ECF No. 19.) On November 22, 2010, Plaintiff filed a document entitled: "Motion to Amend Complaint; Motion to Re-Open Civil Action" with an amended complaint, which the Court will refer to as Plaintiff's Second Amended Complaint, attached. (ECF No. 20.) Because the Court had not acted on Plaintiff's First Amended Complaint, the Court will allow Plaintiff to further amend his complaint. Accordingly, Plaintiff's Motion to Amend is GRANTED.*fn1 The Court will consider the November 22, 2010 Second Amended Complaint the operative complaint in this case.

IT IS SO ORDERED.


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