Polk v. Pittman et al

Filing 17

ORDER Striking Second Amended Complaint 16 , signed by Magistrate Judge Sandra M. Snyder on 9/28/11. (Verduzco, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SUSAN MAE POLK, 10 CASE NO. 1:11-cv-00728-AWI-SMS PC Plaintiff, 11 v. 12 ORDER STRIKING SECOND AMENDED COMPLAINT PITTMAN, et al., (ECF No. 16) 13 Defendants. / 14 15 Plaintiff Susan Mae Polk (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed a first amended 17 complaint on May 13, 2011. (ECF No. 5.) On September 21, 2011, a second amended complaint 18 was lodged. (ECF No. 16.) 19 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s 20 pleading once as a matter of course at any time before a responsive pleading is served. Otherwise, 21 a party may amend only by leave of the court or by written consent of the adverse party, and leave 22 shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). “Rule 15(a) is very liberal and 23 leave to amend ‘shall be freely given when justice so requires.’” Amerisource Bergen Corp. v. 24 Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (quoting Fed. R. Civ. P. 15(a)). 25 /// 26 /// 27 /// 28 /// 1 1 Plaintiff has previously filed an amended complaint. Plaintiff did not file a motion to amend, 2 nor has the Court granted leave to amend. Accordingly, Plaintiff’s second amended complaint, 3 lodged September 21, 2011, is HEREBY ORDERED STRICKEN FROM THE RECORD. 4 5 IT IS SO ORDERED. 6 Dated: icido3 September 28, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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