Smith v. Stanislaus Co. Sheriff's Dept., et al.

Filing 8

ORDER GRANTING Plaintiff's 7 Motion for Leave to Amend the Complaint, signed by Magistrate Judge Jennifer L. Thurston on 8/1/17. (Attachments: # 1 Amended Complaint Form) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRONE SMITH,

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Plaintiff,

ORDER GRANTING PLAINTIFF=S
MOTION FOR LEAVE TO AMEND

v.
STANISLAUS COUNTY SHERIFF’S
DEPARTMENT, et al.,

(Doc. 7)

Defendants.

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No. 1:17-cv-00847-AWI-JLT (PC)

Plaintiff has filed a motion seeking leave to file an amended complaint. (Doc. 7.)

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Because Plaintiff has not previously amended his complaint and defendants have not filed a

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responsive pleading, Plaintiff may file an amended complaint without permission from the Court.

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Fed. R. Civ. P. 15(a). Plaintiff is informed that if he files a new pleading, the amended complaint

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

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WL 3711591, at *1 n.1 (9th Cir. Aug. 29, 2012) (en banc). Thus, the amended complaint must be

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“complete in itself without reference to the prior or superceded pleading.” Local Rule 220.

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Accordingly, Plaintiff’s motion to amend is GRANTED, though the Court’s permission is
unnecessary. The Clerk’s Office is DIRECTED to send Plaintiff a civil rights complaint form.

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IT IS SO ORDERED.
Dated:

August 1, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE