Hall v. Grammatico et al

Filing 65

ORDER signed by Magistrate Judge Craig M. Kellison on 8/10/2016 ORDERING the 33 supplemental complaint is STRICKEN. (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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JOHN M. HALL,

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Plaintiff,

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No. 2:13-CV-2211-KJM-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 supplemental complaint (Doc. 33).

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Pursuant to Federal Rule of Civil Procedure 15(a)(1), a party may amend or supplement his

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pleading once as a matter of right at any time before being served with a responsive pleading.

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Subsequent amendments/supplements may only be filed upon obtaining leave of court. In this

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case, a review of the docket reflects that plaintiff filed the operative amended complaint as of

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right on June 19, 2014. Because the current supplemental complaint was submitted in the

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absence of a motion seeking leave of court to do so, it will be stricken. The parties’ motions for

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summary judgment (Docs. 40 and 41) will be addressed separately.

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Accordingly, IT IS HEREBY ORDERED that the supplemental complaint (Doc.
33) is stricken.

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DATED: August 10, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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