Hurley
(PC) Diaz v. Hurley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL ENRIQUE DIAZ, No. 2:19-cv-1241 KJM KJN P Plaintiff, v. ORDER ASSOCIATE WARDEN HURLEY, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding in forma pauperis and without counsel. On January 29, 2021, the undersigned granted plaintiff’s request for extension of time to file an amended complaint. On March 3, 2021, under the mailbox rule, plaintiff filed his first amended complaint. As discussed below, plaintiff’s amended complaint is dismissed with leave to amend. Background On July 3, 2019, plaintiff was informed that to commence an action, plaintiff must file a complaint, Diaz v. Hurley, No. 2:15-cv-2083 KJM KJN P (E.D. Cal), citing Fed. R. Civ. P. 3, but
Plaintiff filed a three page first amended complaint on March 8, 2021, and another three page amended complaint on March 11, 2021. (ECF Nos. 49, 50.) The only difference appears to be the date on which plaintiff signed the pleadings: the…