Fields v. Beard, et al.

Filing 16

ORDER Disregarding Plaintiff's Motion For Leave To Amend Complaint And Motion For Extension Of Time To File Complaint (ECF Nos. 5 , 14 ), signed by Magistrate Judge Dennis L. Beck on 6/4/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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KEVIN E. FIELDS,

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Case No. 1:15-cv-00666 AWI DLB PC
ORDER DISREGARDING PLAINTIFF’S
MOTION FOR LEAVE TO AMEND
COMPLAINT AND MOTION FOR
EXTENSION OF TIME TO FILE
COMPLAINT

Plaintiff,
v.

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JEFFREY BEARD, et al.,

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Defendants.

[ECF Nos. 5, 14]

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Plaintiff Kevin E. Fields, a state prisoner proceeding pro se and in forma pauperis, filed

18 this civil rights action pursuant to 42 U.S.C. § 1983 on November 5, 2014. The matter was
19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local
20 Rule 302. The complaint is currently pending screening by the Court.
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On December 4, 2014, Plaintiff filed a motion to amend the complaint. On May 29,

22 2015, he filed a motion for extension of time to file an amended complaint. Rule 15(a) of the
23 Federal Rules of Civil Procedure provides that a party may amend its pleading once as a matter
24 of course within 21 days after serving it, or if the pleading is one to which a responsive pleading
25 is required, 21 days after service of a responsive pleading or 21 days after service of a motion
26 under Rule 12(b), (e), or (f). In this case, the complaint has not yet been screened and served on
27 Defendants. Per Rules 15(a), Plaintiff may amend once as a matter of course. Therefore,
28 Plaintiff’s motions for leave to amend or for an extension of time are unnecessary.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motions for leave to amend and

2 for extension of time to file an amended complaint are DISREGARDED.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

June 4, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

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