Torres v. Waddel

Filing 11

ORDER Regarding Plaintiff's 10 Motion to Amend, signed by Magistrate Judge Barbara A. McAuliffe on 10/6/2014. Thirty Day Deadline to File Amended Complaint. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUSTAVO TORRES,

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Plaintiff,

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v.

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WADDEL, et al.,

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Defendants.

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Case No.: 1:14-cv-01217-BAM (PC)
ORDER REGARDING PLAINTIFF’S MOTION TO
AMEND (ECF No. 10)
THIRTY-DAY DEADLINE

Plaintiff Gustavo Torres (“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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August 4, 2014. On October 2, 2014, Plaintiff filed a motion to amend his complaint to add

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defendants. (ECF No. 10.) Given that Plaintiff has not previously amended his complaint, he may

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amend once as a matter of right at this stage in the proceedings. Fed. R. Civ. P. 15(a)(1). In other

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words, Plaintiff may amend his complaint without a court order at this time. Plaintiff’s amended

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complaint should be complete within itself without reference to a prior complaint. Local Rule 220.

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Accordingly, as Plaintiff does not need leave of court to file an amended complaint, his motion

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is HEREBY DENIED as unnecessary. Any amended complaint should be filed within thirty (30) days

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following service of this order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 6, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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