(PS) McGee v. Airport Little League Baseball Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFERSON A. McGEE, No. 2:21-cv-1654 DAD DB PS Plaintiff, v. ORDER AIRPORT LITTLE LEAGUE BASEBALL, INC., et al, 15 Defendants. 17 Plaintiff Jefferson A. McGee is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On October 19, 2021, the Clerk entered default as to defendant Enrique Hernandez. (ECF No. 7.) On July 25, 2022, defendant Enrique Hernandez filed a motion to set aside the Clerk’s entry of default and noticed the motion for hearing before the undersigned on September 9, 2022. (ECF No. 35.) However, on August 19, 2022, the undersigned dismissed plaintiff’s amended complaint with leave to file a second amended. (ECF No. 38.) The second amended complaint will supersede the amended complaint “the latter being treated thereafter as non-existent.” Lacey v. Maricopa Cnty., 693 F.3d 896, 925 (9th Cir. 2012). Once…