Matthew V. Salinas v. Pogue et al

Filing 24

ORDER informing Plaintiff he has leave to amend complaint once as a matter of course, 22 Motion resolved; for Clerk to file First Amended Complaint lodged on 11/14/2016 re 23 signed by Magistrate Judge Gary S. Austin on 11/16/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW V. SALINAS,

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Plaintiff,

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vs.
KENNETH J. POGUE, et al.,

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Defendants.

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I.

1:16-cv-00520-GSA-PC
ORDER INFORMING PLAINTIFF HE
HAS LEAVE TO AMEND THE
COMPLAINT ONCE AS A MATTER OF
COURSE
(ECF No. 22 resolved)
ORDER FOR CLERK TO FILE FIRST
AMENDED COMPLAINT LODGED ON
NOVEMBER 14, 2016
(ECF No. 23.)

BACKGROUND

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Matthew V. Salinas (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On April 14, 2016, Plaintiff

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filed the Complaint commencing this action. (ECF No. 1.)

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On November 14, 2016, Plaintiff filed a motion for leave to amend the Complaint and

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lodged a First Amended Complaint. (ECF Nos. 22, 23.)

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II.

LEAVE TO AMEND – RULE 15(a)

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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the

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party=s pleading once as a matter of course at any time before a responsive pleading is served.

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Otherwise, a party may amend only by leave of the court or by written consent of the adverse

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party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Because
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Plaintiff has not amended the complaint, and no responsive pleading has been served in this

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action, Plaintiff has leave to file an amended complaint as a matter of course. Therefore,

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Plaintiff’s First Amended Complaint shall be filed.

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III.

CONCLUSION

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Accordingly, it is HEREBY ORDERED that:

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1.

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of course;
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This order resolves Plaintiff’s motion for leave to amend the complaint, filed on
November 14, 2016;

3.

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Plaintiff is informed that he has leave to amend the complaint once as a matter

The Clerk is directed to file the First Amended Complaint, lodged on November
14, 2016; and

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The First Amended Complaint shall be screened in due course.

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IT IS SO ORDERED.
Dated:

November 16, 2016

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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