Herrera

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH L. ENNIS, No. 2:18-CV-0816-TLN-DMC-P Plaintiff, v. ORDER A. HERRERA, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. An answer to plaintiff’s first amended complaint has been filed1 and, therefore, this case is now at issue. Pursuant to Federal Rule of Civil Procedure 16(b), the Court will, by this order, set a schedule for this litigation. / / / / / /

On June 16, 2020, the Court granted plaintiff’s motion to amend (ECF No. 26) his complaint and ordered plaintiff to file and serve an amended pleading within 30 days of the 25 Court’s order. However, the Court now notes that plaintiff’s motion to amend was accompanied by a proposed amended complaint erroneously labeled “First Amended Petition for Writ of 26 Habeas Corpus” (ECF No. 27). Therefore, this action now proceeds on plaintiff’s first amended complaint filed on…