Darnell Black Sr. v. Ralph Diaz
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No.: CV 21-06401-RGK (RAO) Date: August 12, 2021 Title: Black v. Diaz et al.
Present: The Honorable ROZELLA A. OLIVER, U.S. MAGISTRATE JUDGE
Donnamarie Luengo N/A Deputy Clerk Court Reporter / Recorder
Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s):
N/A N/A
Proceedings: (In Chambers) ORDER DISMISSING COMPLAINT WITH LEAVE
TO AMEND
On October 5, 2020, Plaintiff Darnell Black, Sr. (“Plaintiff”) filed a Complaint pursuant to 42 U.S.C. § 1983 in the Eastern District of California. Compl., Dkt. No. 1. Plaintiff’s request to proceed in forma pauperis was previously granted. Dkt. No. 8. Plaintiff subsequently requested leave to amend his complaint. Dkt. Nos. 6, 7. On April 8, 2021, Magistrate Judge Cota denied Plaintiff’s motions for leave to amend as unnecessary because Plaintiff could amend as of right. Dkt. No. 20. Judge Cota provided that if no amended complaint were filed within 30 days, the action would proceed on Plaintiff’s original complaint. See id. To date, no amended complaint has been filed. On August 9, 2021, the…