Davis v. Cordova et al

Filing 15

ORDER DISREGARDING 12 Plaintiff's Motion to File First Amended Complaint signed by Magistrate Judge Dennis L. Beck on 4/22/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LAVON C. DAVIS,

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ORDER DISREGARDING PLAINTIFF’S
MOTION TO FILE FIRST AMENDED
COMPLAINT

Plaintiff,

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Case No. 1:14-cv-02072 DLB PC

v.
CORDOVA, et al.,

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[ECF No. 12]

Defendants.

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Plaintiff Lavon C. Davis, a state prisoner proceeding pro se and in forma pauperis, filed

18 this civil rights action pursuant to 42 U.S.C. § 1983 on December 29, 2014.
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On April 17, 2014, Plaintiff filed a motion for leave to file an amended complaint. On

20 the same date, Plaintiff filed a First Amended Complaint.
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Rule 15(a) of the Federal Rules of Civil Procedure permits a party to amend its pleading

22 once as a matter of course within 21 days of serving it, or 21 days after service of a responsive
23 pleading. In this case, the initial complaint had not yet been screened and served. Accordingly,
24 Plaintiff’s First Amended Complaint was filed as a matter of course. Plaintiff’s motion for leave
25 to file the amended complaint is thus disregarded as unnecessary.
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The Court will screen the First Amended Complaint in due course.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

April 22, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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