IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 23, 2011
JUAN CARDONA, PLAINTIFF,
DALE SYVERSON, M.D., DEFENDANT.
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 action filed pursuant to 42 U.S.C. § 1983. On August 16, 2011, this court granted plaintiff's application to proceed in forma pauperis, but dismissed plaintiff's complaint with leave to file an amended complaint. (Dkt. No. 9.) On August 19, 2011, defendant filed a motion to dismiss plaintiff's original complaint. (Dkt. No. 12.) Defendant's motion must be denied as moot; defendant may renew his motion after plaintiff has filed an amended complaint.
Accordingly, IT IS HEREBY ORDERED that defendant's motion to dismiss filed August 19, 2011 (Dkt. No. 12) is denied without prejudice.
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