Rodriguez v. CDCR Departmental Review Board et al

Filing 30

ORDER STRICKING Plaintiff's LODGED Second Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 08/22/2013. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS V. RODRIGUEZ,

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Plaintiff,

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v.
CDCR DEPARTMENTAL REVIEW
BOARD, et al.,
Defendants.

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Case No.: 1:12-cv-00757 – JLT (PC)
ORDER STRIKING PLAINTIFF’S LODGED
SECOND AMENDED COMPLAINT
(Docs. 29)

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Plaintiff Luis V. Rodriguez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in a prisoner civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff presently lodges a

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second amended complaint on August 19, 2013. (Doc. 29).

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Under Fed. R. Civ. P. 15(a), a party may amend its pleadings once as a matter of course within

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21 days after service. In all other situations, a party must seek leave of the Court to amend his or her

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filings. See Fed. R. Civ. P. 15. While the Court “should freely give leave [to amend] when just so

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requires,” here, the Court does not find that the ends of justice require granting leave to amend.

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First, Plaintiff does not seek leave to amend his complaint; instead, he merely filed a second

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amended complaint without any showing why he should be permitted to file it. Second, the Court has

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spent significant amounts of time screening Plaintiff’s first amended complaint and has found service

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of certain claims to be appropriate. (Doc. 28). Third, Plaintiff’s lodged complaint appears to be a near
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replica of his first amended complaint. Thus, the Court finds that granting Plaintiff leave to amend his

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first amended complaint sua sponte would be futile and a waste of judicial resources.

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Accordingly, the Court HEREBY ORDERS that Plaintiff’s lodged second amended
complaint be STRICKEN from the record.

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IT IS SO ORDERED.
Dated:

August 22, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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