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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 GEORGE SHELDON JERCICH, Plaintiff, 11 12 13 14 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. 15 16 17 George Sheldon Jercich (“Plaintiff”) is proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff commenced this action by the filing of a 19 complaint on January 5, 2018. (ECF No. 1). On March 2, 2018, Plaintiff filed a Motion for Order 20 to Grant Filing of First Amended Civil Rights Complaint. (ECF No. 19). On March 5, 2018, 21 Plaintiff filed a Motion for Order to Grant Filing of Second Amended Civil Rights Complaint. 22 (ECF No. 20). On March 6, 2018, Plaintiff lodged a Second Amended Civil Rights Complaint. 23 (ECF No. 21). 24 Federal Rule of Civil Procedure 15(a)(1) provides, “A party may amend its pleading once 25 as a matter of course within: (A) 21 days after service of a responsive pleading or 21 days after 26 service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Federal Rule of Civil 27 Procedure 15(a)(2) states that “[i]n all other cases, a party may amend its pleading only with the 28 1 1 opposing party's written consent or the court's leave. The court should freely give leave when 2 justice so requires.” 3 Plaintiff’s motion to file his Second Amended Complaint, (ECF No. 20), is granted. A 4 responsive pleading has not been served in this action, and Plaintiff has not previously filed an 5 amended complaint. Thus, Plaintiff is able to file an amended complaint once as a matter of 6 course. Accordingly, the Clerk of the Court is directed to file the proposed Second Amended 7 Complaint, (ECF No. 21), which was lodged on March 6, 2018. Plaintiff’s motion to file his First 8 Amended Complaint, (ECF No. 19), is denied as moot. 9 10 11 IT IS SO ORDERED. Dated: March 8, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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