Trinh v. Joksch

Filing 9

ORDER signed by Magistrate Judge Craig M. Kellison on 02/10/17 denying 6 Motion to Amend the Complaint as unnecessary. This action shall now proceed on the amended complaint, which supercedes the prior 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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DWIGHT TRINH,

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No. 2:15-cv-2440-KJM-CMK

Plaintiff,

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vs.

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JOKSCH,

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ORDER

Defendant.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to amend (Doc. 6),

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together with a proposed amended complaint. Pursuant to Federal Rule of Civil Procedure

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

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

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

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

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complaint will be addressed by separate order.

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IT IS SO ORDERED.

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DATED: February 10, 2017
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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