Reece v. Carey et al

Filing 44

ORDER signed by Magistrate Judge Craig M. Kellison on 1/23/12 DENYING 37 Motion to Amend the Complaint as unnecessary. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES G. REECE,

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Plaintiff,

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No. CIV S-09-1350-GEB-CMK-P

vs.

ORDER

TOM L. CAREY, et al.,
Defendants.
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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion to amend his complaint (Doc.

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37). Defendant has filed a statement of non-opposition to the motion.

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Pursuant to Federal Rule of Civil Procedure 15, a party may amend his pleading

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once as a matter of right at any time before being served with a responsive pleading, or otherwise

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with consent of the opposing party or leave of court. Leave of court to file an amended

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complaint is to be freely given when justice so requires. Fed. R. Civ. Proc. 15.

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Here, this action proceeds on plaintiff’s third amended complaint (Doc. 22).

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However, several of plaintiff’s claims have been dismissed, including a direct challenge to his

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prison disciplinary proceeding. (Docs. 25, 30). As a result of the claim relating to his prison
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disciplinary proceeding being dismissed, plaintiff’s related request for injunctive relief, in the

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form of expungement of his prison disciplinary, was also dismissed. Plaintiff’s request to amend

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his complaint is limited to the removal of his request for injunctive relief. However, such a

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request is unnecessary as that request was essentially eliminated from this action already.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request to amend his
complaint (Doc. 37) is denied as unnecessary.

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DATED: January 23, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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