Trujillo v. Biter

Filing 15

ORDER CONSTRUING Plaintiff's Amended Complaint as a Motion to Amend and Amended Complaint 13 ; ORDER GRANTING Plaintiff's Motion to Amend, signed by Magistrate Judge Dennis L. Beck on 03/20/2015. (Martin-Gill, S)

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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
AMENDED COMPLAINT AS A MOTION
TO AMEND AND AMENDED
COMPLAINT
[ECF No. 13]

M. BITER, et al.,

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ORDER GRANTING PLAINTIFF’S
MOTION TO AMEND

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 a pleading captioned as a motion to amend. Although

22 captioned as a motion, the pleading presented as an amended complaint. Therefore, on February
23 11, 2015, the Court construed the filing as a First Amended Complaint. Under Fed. R. Civ. P.
24 15(a), a party may amend its pleading once as a matter of course within 21 days after serving it.
25 Since the initial complaint had not yet been screened and served, Plaintiff’s amended complaint
26 was filed as a matter of course.
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On March 9, 2015, Plaintiff filed a pleading entitled First Amended Complaint. Insofar

28 as the Court has already construed Plaintiff’s earlier filing as a First Amended Complaint, the

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1 Court will construe this new filing as a motion to amend and Second Amended Complaint.
2 Since the Court has not yet screened the First Amended Complaint, the Court will grant
3 Plaintiff’s motion to file the Second Amended Complaint.
ORDER

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Accordingly, IT IS HEREBY ORDERED:

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1) Plaintiff’s First Amended Complaint (ECF No. 13) is CONSTRUED as a motion to

7 file a Second Amended Complaint and as a Second Amended Complaint;
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2) Plaintiff’s motion to file a Second Amended Complaint is GRANTED, and the Court

9 CONSTRUES Plaintiff’s First Amended Complaint (ECF No. 13) as a Second Amended
10 Complaint. The Second Amended Complaint will be screened in due course.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

March 20, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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