Wright v. McCabe et al

Filing 14

ORDER Denying as Moot 12 Motion to Amend the Complaint signed by Magistrate Judge Jeremy D. Peterson on 05/08/2018. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:18-cv-00505-JDP (PC)

MUSTAFA ABDULLAH WRIGHT,

ORDER DENYING AS MOOT MOTION TO
AMEND

v.

(ECF No. 12)

C. McCABE, et al.,

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Defendant.

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Plaintiff filed the complaint initiating this case on April 13, 2018. (ECF No. 1.) On April
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30, 2018, Plaintiff filed a motion requesting leave of Court to file an amended complaint. (ECF
No. 12.) Plaintiff simultaneously filed his “First Amended Civil Rights Complaint.” (ECF No.
11.)
Federal Rule of Civil Procedure 15(a) provides that a “party may amend its pleading once
as a matter of course within: (A) 21 days after serving it…” Fed. R. Civ. P. 15(a)(1)(A). Because
Plaintiff filed the amended pleading within 21 days of the original complaint, leave of Court was
not required under Rule 15(a)(2). Therefore, Plaintiff’s motion to amend (ECF No. 12) is
DENIED as moot and Plaintiff’s First Amended Complaint (ECF No. 11) is now the operative
complaint in this case.

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IT IS SO ORDERED.
Dated:

May 8, 2018

/s/

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UNITED STATES MAGISTRATE JUDGE

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Jeremy D. Peterson

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