Bishop v. Harrington et al

Filing 21

ORDER denying 19 Motion to amend as unnecessary signed by Magistrate Judge Stanley A Boone on 3/19/2013. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROBERT BISHOP,

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CASE NO. 1:11-cv-00094-SAB (PC)
Plaintiff,

ORDER DENYING MOTION TO
AMEND AS UNNECESSARY

v.
(ECF No. 19)

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KELLY HARRINGTON, et al.,

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Defendants.
/

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Plaintiff Robert Bishop, a prisoner proceeding pro se and in forma pauperis, filed this civil

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rights action pursuant to 42 U.S.C. § 1983 on January 10, 2011. On March 15, 2013, Plaintiff filed

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a motion seeking leave to amend his complaint. (ECF No. 19.)

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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s

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pleading once as a matter of course at any time before a responsive pleading is served. Otherwise,

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a party may amend only by leave of the court or by written consent of the adverse party, and leave

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shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Here, Plaintiff does not need

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leave of the Court to file a first amended complaint because no responsive pleading have been filed

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yet. Accordingly, Plaintiff’s motion to file an amended complaint is HEREBY DENIED as

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unnecessary.

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IT IS SO ORDERED.
Dated:
c74hd0

March 19, 2013
UNITED STATES MAGISTRATE JUDGE

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