Trujillo v. Sherman

Filing 11

ORDER Regarding 10 Plaintiff's Motion for Supplemental Complaint signed by Magistrate Judge Barbara A. McAuliffe on 1/5/2015. First Amended Complaint due within thirty (30) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GUILLERMO TRUJILLO,

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Plaintiff,

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v.

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STU SHERMAN,

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Defendant.

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Case No.: 1:14-cv-01401-BAM (PC)
ORDER REGARDING PLAINTIFF’S MOTION
FOR SUPPLEMENTAL COMPLAINT (ECF No.
10)
THIRTY-DAY DEADLINE

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Plaintiff Guillermo Trujillo (“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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September 8, 2014. On December 22, 2014, Plaintiff filed a motion for supplemental complaint

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pursuant to Federal Rule of Civil Procedure 15(a). (ECF No. 10.) The Court construes Plaintiff’s

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motion as a request to amend his complaint pursuant to Rule 15(a).

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Given that Plaintiff has not previously amended his complaint, he may amend once as a matter

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of right at this stage in the proceedings. Fed. R. Civ. P. 15(a)(1). In other words, Plaintiff may amend

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his complaint without a court order. Plaintiff’s amended complaint should be complete within itself

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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.

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Dated:

/s/ Barbara

January 5, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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