Valdez v. Beard et al

Filing 10

ORDER DENYING AS MOOT 9 Motion to Amend the Complaint, signed by Magistrate Judge Michael J. Seng on 01/26/15. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUBEN VALDEZ,

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Plaintiff,

CASE NO. 1:14-cv-01839-MJS (PC)
ORDER DENYING AS MOOT MOTION TO
AMEND COMPLAINT

v.
(ECF No. 9)
JEFFREY BEARD, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff filed his initial complaint on

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November 21, 2014. (ECF No. 1.) On January 23, 2015, Plaintiff filed a first amended

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complaint (ECF No. 8), as well as a motion to amend his complaint (ECF No. 9).

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At this stage of the proceedings, Plaintiff is free to amend his complaint once as a

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matter of course. Fed. R. Civ. P. 15(a). He need not seek leave of the Court.

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Accordingly, his motion to amend the complaint (ECF No. 9) is HEREBY DENIED as

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moot. Plaintiff’s first amended complaint (ECF No. 8) will be screened in due course. 28

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U.S.C. § 1915A.
IT IS SO ORDERED.

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Dated:

January 26, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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