(PC) Bailey v. Cox ( 2023 )

1 2 3 4 5 ° UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 TIMOTHY BAILEY, Case No. 1:22-cv-00757-JLT-SAB (PC) 10 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED 11 v. COMPLAINT AS MOOT T. COX, et al., (ECF No. 31) 13 Defendants. 14 15 Plaintiff Timothy Bailey is proceeding pro se and in forma pauperis in this civil rights 16 | action filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 17 | 403 U.S. 388 (1971). 18 Currently before the Court is Plaintiff's motion for leave to file an amended complaint, 19 | filed April 24, 2023. Plaintiff seeks to amend the complaint to substitute Defendant J. Levya 20 | Mendez in place of Defendant L. Hernedez. (ECF No. 31.) Inasmuch as Defendant J. Levya 21 | Mendez was substituted in place of Defendant L. Hernedez on April 20, 2023 (ECF No. 30), at 22 | Plaintiffs request, his current motion to amend the complaint is denied as moot. 23 IT IS SO ORDERED. F- 2 ee 95 | Dated: _ April 25, 2023 ; UNITED STATES MAGISTRATE JUDGE 26 27 28