UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 6, 2011
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER VACATING ORDER DENYING PLAINTIFF'S MOTION TO FILE A SUPPLEMENTAL COMPLAINT (ECF No. 38, 41)
Plaintiff Gregory McKinney ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 11, 2011, Plaintiff filed a motion for leave to file a supplemental complaint, however he failed to include the supplemental complaint. On June 8, 2011, an order issued denying Plaintiff's motion to file a supplemental complaint, without prejudice, informing Plaintiff that he needed to file the motion with the supplemental complaint. On June 13, 2011, a supplemental complaint was filed, which had been received on June 3, 2011. On July 1, 2011, Plaintiff filed a document entitled objection to findings and recommendations which the Court construes as a motion for reconsideration of the order denying Plaintiff's motion for leave to file a supplemental complaint.
Initially, Plaintiff appears to be confused as he states that he objects to the order that this action be dismissed for failure to state a claim. No such order has issued in this action.
Based upon the filing of the supplemental complaint, the order denying Plaintiff's motion to file a supplemental complaint shall be vacated and the motion for leave to amend shall be deemed resubmitted. The Court will address Plaintiff's motion at a later date.
Accordingly, it is HEREBY ORDERED that the order denying Plaintiff's motion for leave to file a supplemental complaint, filed June 8, 2011, is VACATED.
IT IS SO ORDERED.
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