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Mike Angel Escalante v. E. Uhren

September 13, 2011

MIKE ANGEL ESCALANTE, PLAINTIFF,
v.
E. UHREN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se. He seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff filed an amended complaint on August 3, 2011, and defendants filed an answer and a motion to dismiss on August 17, 2011. However, the amended complaint did contain cognizable claims and the court issued a screening order dismissing the complaint with leave to amend. Therefore, the motion to dismiss is vacated, but may be re-noticed if plaintiff files a second amended complaint.

Accordingly, IT IS HEREBY ORDERED that defendants' August 17, 2011, motion to dismiss (Doc. 16) is vacated but may be re-noticed if plaintiff files a second amended complaint.

GGH: AB esca1508.ord2

20110913

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