Brown v. Brown et al

Filing 15

ORDER Denying Plaintiff's Second Motion For Leave To Amend His Complaint As Unnecessary (ECF No. 9 ), signed by Magistrate Judge Barbara A. McAuliffe on 10/1/2014. (Fahrney, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RODNEY O’NEAL BROWN,

12
13

Plaintiff,
v.

14

JEFFREY BROWN, et al.,

15

Defendants.

16
17

)
)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-01184-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S SECOND
MOTION FOR LEAVE TO AMEND HIS
COMPLAINT AS UNNECESSARY
(ECF No. 9)

Plaintiff Rodney O’Neal Brown (“Plaintiff”) is a state prisoner proceeding pro se and in forma

18

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

19

29, 2014. On August 14, 2014, Plaintiff filed a motion for leave to amend his complaint to reflect the

20

true name of a defendant. (ECF No. 5.) The Court denied the motion as unnecessary because, at the

21

time, Plaintiff was entitled to amend his complaint as a matter of right. (ECF No. 7.)

22
23
24

On September 17, 2014, Plaintiff filed a notice of change of address and a second motion to
amend his complaint to reflect the true names of defendants. (ECF No. 9.)
Despite the Court’s earlier order, Plaintiff did not amend his complaint. Given that Plaintiff

25

has not previously amended his complaint, he may amend once as a matter of right at this stage in the

26

proceedings. Fed. R. Civ. P. 15(a)(1). In other words, Plaintiff may amend his complaint without a

27

court order at this time.

28
1

1
2

Accordingly, as Plaintiff does not need leave of court to file an amended complaint, his motion
is HEREBY DENIED as unnecessary.

3
4
5
6

IT IS SO ORDERED.
Dated:

/s/ Barbara

October 1, 2014

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2