Torres v. Diaz et al

Filing 11

ORDER DENYING Plaintiff's 8 Motion to File a First Amended Complaint as Unnecessary signed by Magistrate Judge Stanley A. Boone on 6/18/2014. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN MATIAS TORRES,

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Plaintiff,
v.
RALPH M. DIAZ, et al.,
Defendants.

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Case No.: 1:14-cv-00492-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO FILE A FIRST AMENDED COMPLAINT AS
UNNECESSARY
(ECF No. 8)

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Plaintiff Juan Matias Torres is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. On April 30, 2014, Plaintiff filed a motion for an extension of time to

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file an amended complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure. On May 5,

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2014, the Court denied Plaintiff’s motion informing him that he could file an amended complaint as a

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matter of right and the motion to file an amended complaint was unnecessary. On June 16, 2014,

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Plaintiff filed a second motion to file a first amended complaint.

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As Plaintiff was previously informed, under Rule 15(a) of the Federal Rules of Civil

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Procedure, a plaintiff may amend the pleading once as a matter of course within (i) 21 days after

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serving the pleading or (ii) if a responsive pleading is required within 21 days after the earlier of

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service of the responsive pleading or service of a rule 12(b) motion. Fed. R. Civ. P. 15(a)(1)(A),(B).

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Since a responsive pleading has not yet been filed, Plaintiff may file an amended complaint as a matter
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of right and his motion is HEREBY DENIED as unnecessary. Plaintiff is advised that his first

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amended complaint has been filed and will be screened in due course.

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IT IS SO ORDERED.
Dated:

June 18, 2014
UNITED STATES MAGISTRATE JUDGE

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