Baldhosky v. Hubbard et al

Filing 24

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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