Miller v. Akanno et al

Filing 12

ORDER DENYING 9 10 Motion for Leave to Amend as MOOT and DIRECTING Clerk's Office to FILE 11 Lodged Amended Complaint signed by Magistrate Judge Sheila K. Oberto on 1/23/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GERALD LEE MILLER,

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Plaintiff,

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CASE NO. 1:12-cv-01013-LJO-SKO PC
ORDER DENYING MOTION FOR LEAVE TO
AMEND AS MOOT AND DIRECTING
CLERK’S OFFICE TO FILE LODGED
AMENDED COMPLAINT

v.
DR. J. AKANNO, M.D., et al.,

(Docs. 9-11)
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Defendants.
/

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Plaintiff Gerald Lee Miller, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on June 22, 2012. On January 22, 2013,

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Plaintiff filed a motion seeking leave to amend, accompanied by a proposed amended complaint.

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Plaintiff has the right to amend once as a matter of course without leave of court. Fed. R.

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Civ. P. 15(a). Accordingly, Plaintiff’s motion seeking leave to amend is HEREBY DENIED as

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moot, and the Clerk’s Office shall file in his proposed amended complaint. Any future amendments

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must be accompanied by a motion seeking leave to amend.

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IT IS SO ORDERED.

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Dated:
ie14hj

January 23, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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