Trujillo v. Biter
Filing
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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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