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Gregory Mckinney v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 6, 2011

GREGORY MCKINNEY,
PLAINTIFF,
v.
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.

cm411

20110706

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