Trujillo v. Biter

Filing 10

ORDER CONSTRUING Plaintiff's Motion to Amend as First Amended Complaint 8 , signed by Magistrate Judge Dennis L. Beck on 2/11/15: The Complaint will be screened in due course. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GUILLERMO TRUJILLO CRUZ,

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Case No. 1:14-cv-01370 DLB PC

Plaintiff,

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v.

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ORDER CONSTRUING PLAINTIFF’S
MOTION TO AMEND AS FIRST
AMENDED COMPLAINT

M. BITER, et al.,

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[ECF No. 8]

Defendants.

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Plaintiff Guillermo Trujillo Cruz, a state prisoner proceeding pro se and in forma

18 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 2, 2014.
19 Plaintiff consented to the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c) on
20 September 17, 2014.
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On January 9, 2015, Plaintiff filed the instant pleading which is captioned as a motion to

22 amend. Although captioned as a motion, the pleading presents as an amended complaint. Under
23 Fed. R. Civ. P. 15(a), a party may amend its pleading once as a matter of course within 21 days
24 after serving it. Here, the initial complaint has not yet been screened and served. Therefore,
25 Plaintiff may amend his complaint as a matter of course.
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ORDER

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to amend is

3 CONSTRUED as a First Amended Complaint. The Complaint will be screened in due course.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

February 11, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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