Mendez v. United States of America et al

Filing 8

ORDER Granting Plaintiff Leave to File First Amended Complaint re 7 , signed by Magistrate Judge Michael J. Seng on 5/17/17. Amended Complaint Due Within Thirty Days. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 FELIPE MENDEZ, JR., Plaintiff, 11 12 Case No. 1:17-cv-00555-LJO-MJS (PC) ORDER GRANTING PLAINTIFF LEAVE TO FILE FIRST AMENDED COMPLAINT v. (ECF No. 7) 13 UNITED STATES OF AMERICA, et al., 14 Defendants. THIRTY DAY DEADLINE TO FILE AMENDED COMPLAINT 15 16 Plaintiff is a federal prisoner proceeding pro se in this civil rights action brought 17 pursuant Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 18 U.S. 388 (1971). Plaintiff’s complaint is awaiting screening by the Court. (ECF No. 1.) 19 Plaintiff has declined Magistrate Judge jurisdiction. (ECF No. 4.) No other parties have 20 appeared. 21 On May 15, 2017, before his complaint could be screened, Plaintiff filed a motion 22 seeking leave to file an amended complaint. (ECF No. 7.) A party may amend its 23 pleading once as a matter of course at any time before a responsive pleading is served 24 and up to twenty-one days after service of a responsive pleading. Fed. R. Civ. P. 25 15(a)(1)(B). Plaintiff has not previously filed an amended complaint, therefore he is 26 permitted to amend as a matter of course. 27 Accordingly, it is HEREBY ORDERED that Plaintiff=s motion for leave to file an 28 amended complaint (ECF No. 7) is GRANTED. Plaintiff must file his amended complaint 1 within thirty days of the date of his order. 2 3 4 5 IT IS SO ORDERED. Dated: May 17, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 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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