Hall v. Grammatico et al

Filing 22

ORDER signed by Magistrate Judge Craig M. Kellison on 07/24/14 denying as unnecessary 20 Motion to Amend the Complaint. (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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JOHN M. HALL,

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Plaintiff,

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No. 2:13-CV-2211-CMK-P

vs.

ORDER

ANTHONY GRAMMATICO, et al.,

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Defendants.

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/

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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. 20),

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together with a proposed amended complaint (Doc. 21). Pursuant to Federal Rule of Civil

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Procedure 15(a)(1), a party may amend his pleading once as a matter of right at any time before

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being served with a responsive pleading. A review of the docket reflects that no responsive

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pleading has been served. Therefore, plaintiff’s motion is denied as unnecessary. This action

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shall now proceed on the amended complaint, which supercedes the prior complaint. The

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adequacy of the amended complaint will be addressed by separate order.

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IT IS SO ORDERED.

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DATED: July 24, 2014
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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