Gonzalez v. The Fresno Sheriff's Department et al

Filing 12

ORDER Denying 10 Plaintiff's Motion to File Partial Amendment, signed by Magistrate Judge Sheila K. Oberto on 10/13/15. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL HERNANDEZ GONZALEZ,
Plaintiff,

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Case No. 1:15-cv-01200-SKO (PC)
ORDER DENYING PLAINTIFF=S MOTION
TO FILE PARTIAL AMENDMENT

v.

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(Doc. 10)
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FRESNO SHERIFF DEPT., et al.,

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Defendants.
_____________________________________/

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Plaintiff Michael Hernandez Gonzalez, a state prisoner proceeding pro se and in forma

17 pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 3, 2015. On
18 September 25, 2015, Plaintiff filed a motion seeking leave to add facts and claims for relief.
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At this stage in the proceedings, Plaintiff may amend once as a matter of right without

20 leave of court, Fed. R. Civ. P. 15(a)(1), but his amended complaint must be complete within itself
21 without reference to his prior pleading, Local Rule 220; Lacey v. Maricopa Cnty., 693 F.3d 896,
22 907 n.1 (9th Cir. 2012) (en banc).

Construed as a motion seeking leave to file a partial

23 amendment, Plaintiff’s motion is DENIED. If Plaintiff wishes to file an amended complaint that
24 is complete within itself without reference to his original complaint, he may do so without leave of
25 court.
IT IS SO ORDERED.
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27 Dated:
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October 13, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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