Lear v. Biter et al

Filing 13

ORDER (1) GRANTING 6 & 9 Motions for Leave to Amend; and (2) GRANTING 10 & 12 Motions for Clarification, signed by Magistrate Judge Michael J. Seng on 2/1/16. Amended Complaint Due Within Thirty Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RODERICK WILLIAM LEAR,
Plaintiff,

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Case No. 1:15-cv-01903-MJS (PC)
ORDER:

v.
MARTIN BITER, et al.,
Defendants.

(1) GRANTING MOTIONS FOR LEAVE
TO AMEND (ECF Nos. 6 and 9); AND
(2) GRANTING MOTIONS FOR
CLARIFICATION (ECF Nos. 10 and 12)
THIRTY (30) DAY DEADLINE

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

20 rights action brought pursuant to 28 U.S.C. § 1983. He initiated this action on December
21 21, 2015 with the filing of his complaint. (ECF No. 1.) He then filed two motions for leave
22 to amend (ECF Nos. 6 and 9), and two motions for clarification (ECF Nos. 10 and 12)
23 asking for a determination on his motions to amend.
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Plaintiff may amend his pleading once as a matter of course prior to service. Fed.

25 R. Civ. P. 15(a)(1). Accordingly, Plaintiff’s motions to amend (ECF Nos. 6 and 9) and
26 motions for clarification (ECF Nos. 10 and 12) are HEREBY GRANTED.
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The Court will refrain from screening Plaintiff’s complaint in anticipation of his

2 amended complaint. Plaintiff shall file his amended complaint within thirty (30) days of
3 the date of this order. If Plaintiff fails to do so, the Court will dismiss this action, with
4 prejudice, for failure to comply with a court order.
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IT IS SO ORDERED.
Dated:

February 1, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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