Kernan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVID FLORENCE, Case No. 1:19-cv-00331-BAM (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

UNDER FEDERAL RULE OF CIVIL

v. PROCEDURE 60(b)

KERNAN, et al., (ECF No. 24) Defendants. 16 I. Procedural History Plaintiff David Florence (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was opened as a new case by order of the assigned District Judge in Florence v. Kernan, Case No. 1:18-cv-01045- AWI-JLT (PC) (“Florence I”). (See ECF No. 2.) As explained in that order, Plaintiff filed a Second Amended Complaint in Florence I on October 9, 2018, and another document titled as a second amended complaint on October 22, 2018. Florence I, Doc. Nos. 16, 17. As the later-filed amended complaint superseded the Second Amended Complaint, the October 22, 2018 document was filed and renamed the Third Amended Complaint. Id.…