Jercich v. California Department of Corrections and Rehabilitation et al

Filing 22

ORDER GRANTING 20 Motion for Leave to File a Second Amend the Complaint and DENYING 19 Motion for Leave to File a First Amended Complaint signed by Magistrate Judge Erica P. Grosjean on 3/8/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE SHELDON JERCICH,
Plaintiff,

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Case No. 1:18-cv-00032-LJO-EPG (PC)

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

GRANTING MOTION FOR LEAVE TO
FILE A SECOND AMENDED
COMPLAINT AND DENYING MOTION
FOR LEAVE TO FILE A FIRST
AMENDED COMPLAINT
(ECF Nos. 19, 20)

Defendants.

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George Sheldon Jercich (“Plaintiff”) is proceeding pro se and in forma pauperis in this

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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by the filing of a

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complaint on January 5, 2018. (ECF No. 1). On March 2, 2018, Plaintiff filed a Motion for Order

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to Grant Filing of First Amended Civil Rights Complaint. (ECF No. 19). On March 5, 2018,

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Plaintiff filed a Motion for Order to Grant Filing of Second Amended Civil Rights Complaint.

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(ECF No. 20). On March 6, 2018, Plaintiff lodged a Second Amended Civil Rights Complaint.

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(ECF No. 21).

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Federal Rule of Civil Procedure 15(a)(1) provides, “A party may amend its pleading once

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as a matter of course within: (A) 21 days after service of a responsive pleading or 21 days after

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service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Federal Rule of Civil

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Procedure 15(a)(2) states that “[i]n all other cases, a party may amend its pleading only with the

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opposing party's written consent or the court's leave. The court should freely give leave when

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justice so requires.”

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Plaintiff’s motion to file his Second Amended Complaint, (ECF No. 20), is granted. A

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responsive pleading has not been served in this action, and Plaintiff has not previously filed an

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amended complaint. Thus, Plaintiff is able to file an amended complaint once as a matter of

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course. Accordingly, the Clerk of the Court is directed to file the proposed Second Amended

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Complaint, (ECF No. 21), which was lodged on March 6, 2018. Plaintiff’s motion to file his First

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Amended Complaint, (ECF No. 19), is denied as moot.

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IT IS SO ORDERED.
Dated:

March 8, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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