Mitchell v. Beard et al

Filing 13

ORDER Granting Plaintiff's 12 Motion to File Amended Complaint, signed by Magistrate Judge Dennis L. Beck on 1/7/16. 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOHN E. MITCHELL,

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Plaintiff,

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ORDER GRANTING PLAINTIFF’S
MOTION TO FILE FIRST AMENDED
COMPLAINT

v.

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Case No. 1:15-cv-01512 DLB PC

J. BEARD, et al.,

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[ECF No. 12]

Defendants.

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Plaintiff John E. Mitchell, a state prisoner proceeding pro se and in forma pauperis, filed

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18 this civil rights action pursuant to 42 U.S.C. § 1983 on October 5, 2015.1
On December 24, 2015, Plaintiff filed a motion to amend the complaint. Rule 15(a)(1) of

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20 the Federal Rules of Civil Procedure provides that Plaintiff may amend his pleading once as a
21 matter of course within 21 days of serving it or 21 days after service of a responsive pleading. In
22 this case, Defendants have not yet filed a responsive pleading. Therefore, Plaintiff may amend
23 as matter of course.
ORDER

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for leave to file a First

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26 Amended Complaint is GRANTED, and Plaintiff is GRANTED thirty (30) days from the date of
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Plaintiff consented to the jurisdiction of the Magistrate Judge on October 16, 2015.

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1 service of this Order to file the First Amended Complaint.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

January 7, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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