Baldhosky v. Hubbard et al
Filing
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ORDER Granting Plaintiff's 19 Motion to File Amended Pleading; ORDER Directing Clerk to File Lodged 23 Second Amended Complaint, signed by Magistrate Judge Michael J. Seng on 05/08/14. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RAYMOND BALDHOSKY,
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Plaintiff,
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v.
Case No. 1:12-cv-01200-MJS (PC)
ORDER GRANTING PLAINTIFF’S
MOTION TO FILE AMENDED PLEADING
(ECF No. 19)
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SUSAN HUBBARD, et al.,
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Defendants.
ORDER DIRECTING CLERK TO FILE
LODGED SECOND AMENDED
COMPLAINT
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(ECF No. 23)
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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this
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civil rights action pursuant to 42 U.S.C. § 1983. The Complaint was dismissed for failure to
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state a claim. Plaintiff filed a First Amended Complaint which has not yet been screened.
On April 30, 2014, Plaintiff filed a motion to file a second amended complaint (ECF
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No. 19) and concurrently lodged a Second Amended Complaint (ECF No. 20).
The Court received a letter from Plaintiff (ECF No. 21) stating the April 30, 2014
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lodged Second Amended Complaint was an incorrect version and that he had mailed the
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correct version to the Court.
On May 1, 2014, the Court Clerk received and filed a duplicate motion to amend
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(ECF No. 22) and concurrently lodged a corrected Second Amended Complaint (ECF No.
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23).
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Plaintiff need not seek the Court’s permission to amend his pleading because
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service has not been ordered. Fed. R. Civ. P. 15(a). Accordingly, the Court sees no reason
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to deny the requested relief. See Amerisource Bergen Corp. v. Dialysis West, Inc., 465
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F.3d 946, 951 (9th Cir. 2006), quoting Fed. R. Civ. P. 15(a) (the court shall freely grant
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leave to amend when justice so requires).
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GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED that:
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1.
19) is GRANTED,
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2.
The Clerk is directed to file into the record the May 1, 2014 lodged Second
Amended Complaint (ECF No. 23), and
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Plaintiff’s April 30, 2014 motion to file a second amended complaint (ECF No.
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Plaintiff’s May 1, 2014 motion to file a second amended complaint (ECF No.
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22) and April 30, 2014 lodged Second Amended Complaint (ECF No. 20)
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shall be DISREGARDED.
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IT IS SO ORDERED.
Dated:
May 8, 2014
/s/
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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