Carroll v. Yates et al

Filing 18

ORDER Denying Motion To Amend As Moot (Doc. 16 ), signed by Magistrate Judge Sheila K. Oberto on 4/15/2011. (Fahrney, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ARVIE B. CARROLL, 10 CASE NO. 1:10-cv-00623-SKO PC Plaintiff, 11 ORDER DENYING MOTION TO AMEND AS MOOT v. (Doc. 16) 12 JAMES A. YATES, et al., 13 Defendants. / 14 15 Plaintiff Arvie B. Carroll, a state prisoner proceeding pro se and in forma pauperis, filed this 16 civil rights action pursuant to 42 U.S.C. § 1983 on April 9, 2010. On April 12, 2011, Plaintiff filed 17 a motion seeking leave to amend and an amended complaint. 18 At this stage in the proceedings, Plaintiff may amend once as a matter of right without leave 19 of court and his amended complaint was filed upon receipt. Fed. R. Civ. P. 15(a)(1). Accordingly, 20 Plaintiff’s motion to amend is HEREBY DENIED as moot, and his amended complaint will be 21 screened in due course. 28 U.S.C. § 1915A. 22 23 IT IS SO ORDERED. 24 Dated: ie14hj April 15, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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