Carr v. Alcala et al

Filing 13

ORDER Denying as Moot 12 Motion to Amend the Complaint, signed by Magistrate Judge Gary S. Austin on 12/17/14. Thirty-Day Deadline for Plaintiff to File First Amended Complaint. (Gonzalez, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CLAUDE CARR,

12
13
14
15

Plaintiff,
vs.
M. ALCALA, et al.,
Defendants.

1:14-cv-01823-LJO-GSA-PC
ORDER DENYING PLAINTIFF’S
MOTION AS MOOT
(Doc. 12.)
THIRTY-DAY DEADLINE FOR
PLAINTIFF TO FILE FIRST AMENDED
COMPLAINT

16
17
18
19

Claude Carr (“Plaintiff") is a state prisoner proceeding pro se in this civil rights action

20

pursuant to 42 U.S.C. ' 1983.

21

November 20, 2014. (Doc. 1.)

Plaintiff filed the Complaint commencing this action on

22

On December 12, 2014, Plaintiff filed motion to amend the Complaint. (Doc. 12.)

23

Plaintiff’s motion to amend is moot because Plaintiff already has leave to amend the Complaint

24

under Rule 15(a). The court’s order of December 8, 2014 informed Plaintiff of this fact, sent

25

Plaintiff a civil complaint form, and established a thirty-day deadline for Plaintiff to file a First

26

Amended Complaint. (Doc. 8.) Plaintiff has not filed an amended complaint.

27
28

In light of the fact that the thirty-day deadline is due to expire soon, Plaintiff shall be
granted additional time to file the First Amended Complaint.
1

1

Accordingly, it is HEREBY ORDERED that:

2

1.

3
4

Plaintiff’s motion to amend the complaint, filed on December 12, 2014, is
DENIED as moot;

2.

Plaintiff is GRANTED thirty days from the date of service of this order in which

5

to file a First Amended Complaint, pursuant to the court’s order of December 8,

6

2014.

7
8
9
10

IT IS SO ORDERED.
Dated:

December 17, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2