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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER ANAYA,

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Plaintiff,

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No. 1:16-cv-01094-SKO (PC)

v.
VAN VUGT, et al.,

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ORDER DENYING PLAINTIFF=S
MOTIONS FOR LEAVE TO AMEND
AS UNNECESSARY
(Docs. 9, 10)

Defendants.

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Plaintiff, Peter Anaya, is a state prisoner proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. ' 1983. On February 6, 2017, Plaintiff filed two motions

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seeking leave to file an amended complaint.

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Plaintiff may amend once as a matter of right before service of a responsive pleading by

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defendants. Fed. R. Civ. P. 15(a). Because plaintiff has not previously amended his complaint

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and defendants have not filed a responsive pleading, plaintiff may file an amended complaint

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without seeking permission from the Court.

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Plaintiff is informed that he must file a new pleading as an amended complaint supercedes

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the original complaint, Lacey v. Maricopa County, Nos. 09-15806, 09-15703, 2012 WL 3711591,

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at *1 n.1 (9th Cir. Aug. 29, 2012) (en banc), and the amended complaint must be Acomplete in

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itself without reference to the prior or superceded pleading,@ Local Rule 220.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

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Office shall send Plaintiff a civil rights complaint form.

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IT IS SO ORDERED.
Dated:

March 28, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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