Kaufman

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOEL DAVID KAUFMAN, Case No. 22-cv-05043-JSW

8 Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART MOTION FOR

9 v. RECONSIDERATION AND FOR

LEAVE TO FILE A SECOND

10 KATHY MILEY, AMENDED COMPLAINT; AMENDING

JUDGMENT

Defendant. 11 Re: Dkt. No. 26 12

Plaintiff, a California parolee proceeding pro se, filed this civil rights case under 42 U.S.C. 13 § 1983. The operative complaint is the amended complaint. (ECF No. 3.) Certain claims were 14 dismissed in the Order of Service for failure to state a claim upon which relief may be granted. 15 Defendant Miley’s motion to dismiss the remaining claims under Rule 12(b)(6) of the Federal 16 Rules of Civil Procedure for failure to state a claim upon which relief may be granted was granted. 17 Plaintiff thereafter filed a motion to “vacate” judgment seeking relief under Rules 59(e) and 60(b), 18 and for leave to file a second amended complaint. (ECF No. 26.) Defendant opposed the motion, 19 and Plaintiff replied. 20…