Anaya v. Vugt, et al.

Filing 11

ORDER DENYING Plaintiff's 9 & 10 Motions For Leave to Amend as Unnecessary, signed by Magistrate Judge Sheila K. Oberto on 3/28/17. (Attachments: # 1 Amended Complaint Form) (Marrujo, C)

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1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 PETER ANAYA, 6 Plaintiff, 7 8 No. 1:16-cv-01094-SKO (PC) v. VAN VUGT, et al., 9 ORDER DENYING PLAINTIFF=S MOTIONS FOR LEAVE TO AMEND AS UNNECESSARY (Docs. 9, 10) Defendants. 10 11 12 Plaintiff, Peter Anaya, is a state prisoner proceeding pro se and in forma pauperis in this 13 civil rights action pursuant to 42 U.S.C. ' 1983. On February 6, 2017, Plaintiff filed two motions 14 seeking leave to file an amended complaint. 15 Plaintiff may amend once as a matter of right before service of a responsive pleading by 16 defendants. Fed. R. Civ. P. 15(a). Because plaintiff has not previously amended his complaint 17 and defendants have not filed a responsive pleading, plaintiff may file an amended complaint 18 without seeking permission from the Court. 19 Plaintiff is informed that he must file a new pleading as an amended complaint supercedes 20 the original complaint, Lacey v. Maricopa County, Nos. 09-15806, 09-15703, 2012 WL 3711591, 21 at *1 n.1 (9th Cir. Aug. 29, 2012) (en banc), and the amended complaint must be Acomplete in 22 itself without reference to the prior or superceded pleading,@ Local Rule 220. Accordingly, Plaintiff=s motions are HEREBY DENIED as unnecessary and the Clerk’s 23 24 Office shall send Plaintiff a civil rights complaint form. 25 26 27 IT IS SO ORDERED. Dated: March 28, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 28 1 .

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