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Mike Angel Escalante v. E. Uhren

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


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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