Fitch v. Galland

Filing 16

ORDER, signed by District Judge Dale A. Drozd on 7/20/16. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOEY FITCH, 12 13 14 15 16 No. 1:16-cv-00489-DAD-JLT Plaintiff, v. ORDER JOSEPH GALLAND, CHRISTOPHER KNUTSON, and JEFFERY WATTS, Defendants. 17 18 Plaintiff Joey Fitch is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. On July 7, 2016, plaintiff filed a motion seeking leave to amend 20 his complaint as well as a first amended complaint. (Doc. Nos. 14–15.) As of that date, 21 defendant Joseph Galland had not yet been served in this action. Pursuant to Rule 15 of the 22 Federal Rules of Civil Procedure and the Local Rules of this court, plaintiff's complaint has 23 therefore been amended as a matter of course. 24 Accordingly, 25 1. Plaintiff’s first amended complaint (Doc. No. 15) is deemed the operative complaint in 26 27 28 this action; 2. Plaintiff's motion to amend the complaint (Doc. No. 14) is denied as having been rendered moot; and 1 1 3. The Clerk of the Court is directed to update the case caption and docket to reflect the 2 3 4 newly named defendants in this action. IT IS SO ORDERED. Dated: July 20, 2016 UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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