Mason v. Mercy Medical Center et al

Filing 16

ORDER signed by Magistrate Judge Craig M. Kellison on 11/14/2011 DENYING, as unnecessary, plaintiff's 14 motion for leave to amend; and plaintiff shall file an amended complaint within 30 days. (Yin, K)

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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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Plaintiff,

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

vs.

ORDER

MERCY MEDICAL CENTER, et al.,

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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 second motion for leave to amend (Doc.

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

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as a 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, as with plaintiff’s prior

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such motion, plaintiff’s motion is denied as unnecessary. Leave of court is not required to amend

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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 one further opportunity to comply and is reminded

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that failure to comply may result in dismissal of the entire action. See Local Rule 110. Plaintiff

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is also cautioned that compliance consists of filing an amended complaint and not a third motion

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for leave to amend.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion for leave to amend (Doc. 14) 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: November 14, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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