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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA LEWIS MASON,

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No. CIV S-11-1309-CMK-P

Plaintiff,
vs.

ORDER

MERCY MEDICAL CENTER, et al.,
Defendants.
/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to amend (Doc. 12).

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Pursuant to Federal Rule of Civil Procedure 15(a)(1), a party may amend his pleading once as a

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matter of right at any time before being served with a responsive pleading. A review of the

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docket reflects that no responsive pleading has been served. Therefore, plaintiff’s motion is

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denied as unnecessary. Leave of court is not required to amend the complaint at this time.

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A further review of the docket shows that plaintiff has not responded to the

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court’s August 22, 2011, order dismissing the original complaint and directing plaintiff to file an

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amended complaint. Plaintiff will be given further time to comply and is reminded that failure to

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comply may result in dismissal of the entire action. See Local Rule 110.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion for leave to amend (Doc. 12) is denied as unnecessary;

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Plaintiff shall file an amended complaint within 30 days of the date of this

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and

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order.

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DATED: September 29, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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