Hawkins v. State of California et al

Filing 11

ORDER DIRECTING Clerk's Office to File Amended Complaint signed by Magistrate Judge Gary S. Austin on 4/13/2010. (Sant Agata, S)

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 1 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action pursuant to 42 U.S.C. § 1983. This action was initiated by civil complaint filed on September 28, 2009. On March 18, 2010, Plaintiff sent to the court a complaint pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 12132 et seq. The complaint was received by the court and filed in as a new case and assigned case number 1:10-cv-00511 DLB (PC). On April 9, 2010, Plaintiff filed a letter to the court. In this letter, Plaintiff explains that the complaint filed March 23, 2010, is intended as a first amended complaint in case number 1:09 cv 01705 YNP GSA (PC). Pursuant to Federal Rule of Civil Procedure 15(a), Plaintiff may amend his complaint without leave of court so long as a responsive pleading has not been filed. No defendants has been served, and a responsive pleading has not been filed. The complaint STATE OF CALIFORNIA, et al., Defendants. vs. LEROY HAWKINS, JR., Plaintiff, 1: 09 CV 01705 YNP GSA (PC) ORDER DIRECTING CLERK'S OFFICE TO FILE AMENDED COMPLAINT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

1 2 3 4 5 6 7 8 9

filed on March 23, 2010, should therefore be filed as a first amended complaint in this case. Plaintiff is advised, however, that he must include the proper case number on all submissions to the court. Accordingly, IT IS HEREBY ORDERED that the Clerk's Office is directed to file the March 23, 2010, submission as a first amended complaint in this case.

IT IS SO ORDERED. Dated: 6i0kij

April 13, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2