Gutierrez v. Mustafa, et al.

Filing 8

ORDER DENYING Plaintiff's 7 Motion for Leave to Amend his Complaint as UNNECESSARY signed by Magistrate Judge Barbara A. McAuliffe on 4/10/2014. (Attachments: # 1 Amended Complaint Form) (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL GUTIERREZ,

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Plaintiff,
v.
DR. MUSTAFA, et al.,

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Defendants.

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Case No.: 1:13-cv-01428-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION FOR
LEAVE TO AMEND HIS COMPLAINTAS
UNNECESSARY
(ECF No. 7)

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Plaintiff Manuel Gutierrez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on

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September 9, 2013. On November 4, 2013, Plaintiff filed a motion to correct the spelling of

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Defendant Mustafa’s name and to add defendants to this action. (ECF No. 7.) The Court construes

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Plaintiff’s filing as a motion for leave to amend the complaint.

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Plaintiff has not previously amended and therefore, he may amend once as a matter of right at

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this stage in the proceedings. Fed. R. Civ. P. 15(a)(1). Because Plaintiff does not need leave of court

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to file an amended complaint, his motion is HEREBY DENIED as unnecessary.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 10, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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