Fluker, Sr. v. California Department of Corrections & Rehabilitation et al

Filing 12

ORDER signed by Magistrate Judge Jennifer L. Thurston on 10/1/2010 granting 9 Motion to file First Amended Complaint. (Lundstrom, T)

(PC) Fluker, Sr. v. California Department of Corrections & Rehabilitation et al

Doc. 12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 IT IS SO ORDERED. Dated: October 1, 2010 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE Under Fed.R.Civ.P. 15(a), a party may amend a pleading once as a matter of course within 21 days of service, or if the pleading is one to which a response is required, 21 days after service of the responsive pleading. "In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed.R.Civ.P. 15(a)(2). Here, service has not yet occurred because the Court had not yet screened Plaintiff's original; complaint. As a result, Plaintiff was not required to seek the Court's leave to file his First Amended Complaint. Therefore, Plaintiff's motion for leave to file his First Amended Complaint is GRANTED. CHARLES FLUKER, SR., ) ) Plaintiff, ) ) v. ) ) ) CALIFORNIA DEPARTMENT OF ) CORRECTIONS, et al., ) ) Defendants. ) _____________________________________ ) CASE NO. 1:09-cv-01193 AWI JLT ORDER GRANTING MOTION TO FILE FIRST AMENDED COMPLAINT (Doc. 9) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Dockets.Justia.com