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)

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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

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