No. CIV S-04-0821 LKK KJM P.United States District Court, E.D. California.
October 24, 2006
ORDER
KIMBERLY MUELLER, Magistrate Judge
Plaintiff is a state prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. On October 11, 2006, plaintiff filed a document which the court construes as request for leave to file an amended complaint. Plaintiff has not, however, filed a proposed amended complaint. As a litigant proceeding in forma pauperis, plaintiff’s pleadings are subject to evaluation by this court pursuant to the in forma pauperis statute. See 28 U.S.C. § 1915. Since plaintiff did not submit a proposed amended complaint, the court is unable to evaluate it. Plaintiff’s motion for leave to amend must therefore be denied.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s October 11, 2006 “motion for reconsideration . . .” is denied.
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