Mitchell v. Pena, et al.

Filing 12

ORDER GRANTING Plaintiff's 10 Motion to File First Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 12/2/2011. (Marrujo, C)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 JOHN EDWARD MITCHELL, 12 Plaintiff, 13 14 v. PENA, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) Case No.: 1:11-cv-01205 JLT (PC) ORDER GRANTING PLAINTIFF’S MOTION TO FILE FIRST AMENDED COMPLAINT (Doc. 10) 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action 18 pursuant to 42 U.S.C. § 1983 on July 21, 2011. On November 21, 2011, Plaintiff filed a motion to 19 amend his complaint. (Doc. 10) 20 At this stage in the proceedings, Plaintiff may amend once as a matter of right without leave 21 of court and his amended complaint was filed upon receipt. Fed. R. Civ. P. 15(a)(1). Accordingly, 22 Plaintiff’s motion to file a First Amended Complaint is GRANTED, and his amended complaint will 23 be screened in due course. 28 U.S.C. § 1915A. 24 25 IT IS SO ORDERED. 26 Dated: December 2, 2011 9j7khi 27 28 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

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