Canez v. Oliver

Filing 12

ORDER Denying 8 Motion to Amend as Unnecessary and Striking Duplicative 10 Motion to Amend, signed by Magistrate Judge Sheila K. Oberto on 4/8/2011. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JESSE MANNY CANEZ,

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CASE NO. 1:10-cv-02065-OWW-SKO PC

Plaintiff,

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v.

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ORDER DENYING MOTION TO
AMEND AS UNNECESSARY AND
STRIKING DUPLICATIVE MOTION
TO AMEND

OLIVER,
(Docs. 8 and 10)

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Defendant.
/

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Plaintiff Jessy Manny Canez, a prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on November 8, 2010. On December 17, 2010,

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Plaintiff filed a motion seeking leave to amend, and on March 8, 2011, Plaintiff filed a duplicative

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motion to amend.

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Plaintiff has not previously amended and may amend once as a matter of right at this stage

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in the proceedings. Fed. R. Civ. P. 15(a)(1). Because Plaintiff does not need leave of court to file

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an amended complaint, his motion is HEREBY DENIED as unnecessary. Plaintiff’s duplicative

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motion to amend is STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:
ie14hj

April 8, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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