Harris v. O'Keefe et al

Filing 15

ORDER Regarding Motion For Leave To File An Amended Complaint (Doc. 5 ), signed by Magistrate Judge Dennis L. Beck on 9/26/2011. (Fahrney, E)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 CHRISTOPHER L. HARRIS, 8 9 Plaintiff, 10 v. 11 12 DONALD O’KEEFE; and U.S. MARSHAL, 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:11cv01553 LJO DLB ORDER REGARDING MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (Doc. 5) 15 Plaintiff Christopher L. Harris (“Plaintiff”), a federal prisoner proceeding pro se and in 16 forma pauperis, filed the instant civil rights action on September 14, 2011. On September 19, 17 2011, Plaintiff filed a motion for leave to amend his complaint. He also filed an amended 18 complaint. 19 Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend its 20 pleading once as a matter of course at any time before a responsive pleading is served. Fed. R. 21 Civ. P. 15(a). Plaintiff’s complaint has not been screened and no responsive pleading has been 22 filed. Plaintiff therefore has leave to file an amended complaint as a matter of course. As 23 Plaintiff already filed his amended complaint, the motion for leave to amend is DENIED AS 24 MOOT. 25 IT IS SO ORDERED. 26 27 Dated: 3b142a September 26, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 28 1

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