Beard

(PC) Johnson v. Beard

Good Law
United States District Court, Eastern District of CaliforniaJuly 26, 20212:15-cv-01313California985 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL DAVID JOHNSON, No. 2:15-cv-1313 TLN KJN P Plaintiff, v. ORDER E. NAKU, M.D., et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On June 4, 2021, defendant Dr. Mahmoud filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12. Plaintiff did not oppose the motion. Rather, on June 30, 2021, plaintiff filed a document styled, “Third Amended Complaint[,] Motion for Summary Judgment, and Demand for Jury Trial, Also Requesting Declaration for Appointment of Counsel.” (ECF No. 152.) On July 15, 2021, defendant Mahmoud filed a motion to strike plaintiff’s fourth amended complaint as improperly filed. (ECF No. 154.) As set forth below, the undersigned grants the motion to strike, and grants plaintiff an extension of time to file an opposition to the motion to dismiss. Plaintiff’s filing is improper and fails to address defendant’s motion to dismiss. First, plaintiff again failed…

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