UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
June 15, 2012
DARREN HARRIS, PLAINTIFF,
KIM , ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
ORDER DENYING MOTION AS MOOT (Doc. 68)
Plaintiff Darren Harris, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 3, 2005. Pursuant to the decision of the United States Court of Appeals for the Ninth Circuit, this action shall proceed on Plaintiff's fourth amended complaint against Defendants Olivarria, Williams, and Kim for violation of the Eighth Amendment, and against Defendants Olivarria and Lowden for violation of the First Amendment; and Defendants have been ordered to file a response to the complaint within twenty days.
Accordingly, Plaintiff's motion to withdraw his amended complaint and proceed on his original complaint, filed on January 6, 2011, is HEREBY DENIED as moot.*fn1
IT IS SO ORDERED.