Mason v. Mercy Medical Center et al

Filing 13

ORDER signed by Magistrate Judge Craig M. Kellison on 09/29/11 granting 12 Motion to Amend the Complaint. Plaintiff shall file an amended complaint within 30 days of the date of this order. (Plummer, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA LEWIS MASON, 12 13 14 15 16 No. CIV S-11-1309-CMK-P Plaintiff, vs. ORDER MERCY MEDICAL CENTER, et al., Defendants. / 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to amend (Doc. 12). 19 Pursuant to Federal Rule of Civil Procedure 15(a)(1), a party may amend his pleading once as a 20 matter of right at any time before being served with a responsive pleading. A review of the 21 docket reflects that no responsive pleading has been served. Therefore, plaintiff’s motion is 22 denied as unnecessary. Leave of court is not required to amend the complaint at this time. 23 A further review of the docket shows that plaintiff has not responded to the 24 court’s August 22, 2011, order dismissing the original complaint and directing plaintiff to file an 25 amended complaint. Plaintiff will be given further time to comply and is reminded that failure to 26 comply may result in dismissal of the entire action. See Local Rule 110. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion for leave to amend (Doc. 12) is denied as unnecessary; 2. Plaintiff shall file an amended complaint within 30 days of the date of this 3 and 4 5 order. 6 7 8 9 DATED: September 29, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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