Cook v. Sims et al, No. 1:2021cv01478 - Document 50 (E.D. Cal. 2023)

Court Description: ORDER signed by Magistrate Judge Erica P. Grosjean on May 24, 2023, as follows: 1. The Clerk of Court is directed to terminate Plaintiff's motion for leave to file an amended complaint (ECF No. 27 ) as moot. 2. The Court vacates its February 14, 2023, findings and recommendations (ECF No. 41 ) regarding Plaintiff's motion for leave to file an amended complaint. (Rooney, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RON COOK, 12 Plaintiff, 13 14 Case No. 1:21-cv-01478-JLT-EPG v. RON SIMS, et al., 15 ORDER DIRECTING THE CLERK OF COURT TO TERMINATE PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AS MOOT, VACATING FEBRUARY 14, 2023 FINDINGS AND RECOMMENDATIONS Defendants. (ECF Nos. 27, 41) 16 17 18 19 20 On November 29, 2022, Plaintiff filed a motion for leave to file an amended complaint to add a claim under 42 U.S.C. § 1983 against Defendants Flor Garcia, a private security guard, and her employer, Pacific Valley Security Patrol (PVSP). (ECF No. 27). On February 14, 2023, the 21 Court issued findings and recommendations, recommending that Plaintiff’s motion be denied as 22 futile. (ECF No. 41). No party filed objections; rather, the parties ultimately filed a stipulation 23 dismissing the claims against Flor Garcia and PVSP, who have since been terminated from the 24 docket. (ECF No. 45). 25 26 27 28 Because Flor Garcia and PVSP are no longer parties to this case, IT IS ORDERED as follows: 1. The Clerk of Court is directed to terminate Plaintiff’s motion for leave to file an amended complaint (ECF No. 27) as moot. 1 1 2 2. The Court vacates its February 14, 2023 findings and recommendations (ECF No. 41) regarding Plaintiff’s motion for leave to file an amended complaint. 3 4 5 6 IT IS SO ORDERED. Dated: May 24, 2023 /s/ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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