Crisp v. Wasco State Prison

Filing 15

ORDER DENYING 13 Motion for Leave to File Third Amended Complaint as PREMATURE and DENYING 12 Motion for Leave to Submit Missing Page as MOOT signed by Magistrate Judge Sheila K. Oberto on 11/19/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OBIE L. CRISP III,
Plaintiff,

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v.

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WASCO STATE PRISON, et al.,

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Defendants.
_____________________________________/

Case No. 1:13-cv-01899-SKO (PC)
ORDER DENYING MOTION FOR LEAVE
TO FILE THIRD AMENDED COMPLAINT
AS PREMATURE AND DENYING
MOTION FOR LEAVE TO SUBMIT
MISSING PAGE AS MOOT
(Docs. 12 and 13)

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Plaintiff Obie L. Crisp III, a state prisoner proceeding pro se and in forma pauperis, filed

17 this civil rights action pursuant to 42 U.S.C. § 1983 on November 22, 2013. On June 23, 2014,
18 Plaintiff filed a second amended complaint in compliance with the second screening order filed on
19 May 21, 2014. On June 26, 2014, Plaintiff filed a motion for leave to submit a missing page to his
20 second amended complaint, and on November 17, 2014, Plaintiff filed a motion seeking leave to
21 file a third amended complaint.
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At this juncture in the proceedings, Plaintiff is entitled to amend once as a matter of right.

23 Fed. R. Civ. P. 15(a)(1). Therefore, Plaintiff may file a third amended complaint without leave of
24 court and his motion shall be denied as premature. However, Plaintiff is reminded that his third
25 amended complaint may not exceed twenty-five pages. In light of Plaintiff’s intention to amend,
26 his motion for leave to submit a missing page to his second amended complaint is denied as moot.
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Based on the foregoing, Plaintiff’s motion for leave to file a third amended complaint is

2 HEREBY DENIED as premature, and his motion to submit a missing page to his second amended
3 complaint is DENIED as moot.
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IT IS SO ORDERED.
Dated:

November 19, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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