Fulton v. Vasquez

Filing 13

ORDER GRANTING 9 Plaintiff's Motion for Leave to File Amended Complaint signed by Magistrate Judge Michael J. Seng on 6/12/2010. The court will accept Plaintiff's First Amended Complaint (Doc. 10 ) as the operative pleading in this case. (Jessen, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Billy Fulton ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis 16 in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff's Motion for 17 Leave to File Amended Complaint (Docket # 9). Plaintiff filed his proposed First Amended 18 Complaint at the same time he filed the instant motion. Federal Rule of Civil Procedure 15(a) 19 provides that a pleading may be amended once as a matter of course so long as no defendant has 20 served a responsive pleading. In this case, no defendant has yet served a responsive pleading. 21 Accordingly, Plaintiff's Motion for Leave to File Amended Complaint (Docket # 9) is 22 GRANTED. The Court will accept Plaintiff's First Amended Complaint (Docket # 10) as the 23 operative pleading in this case. 24 25 IT IS SO ORDERED. 26 27 28 1 Dated: ci4d6 June 12, 2010 /s/ UNITED STATES MAGISTRATE JUDGE v. P.L. VASQUEZ, et al. Defendants. / BILLY FULTON, Plaintiff, CASE NO. 1:10-cv-275-MJS (PC)

UNITED STATES DISTRICT COURT

ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (DOC. 9)

Michael J. Seng