(PC) Lathan v. California Dept. of Corrections et al

Filing 13

ORDER signed by Magistrate Judge Craig M. Kellison on 2/3/17 DENYING as unnecessary #8 Motion to Amend the Complaint. (Dillon, M)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KERRY LATHAN, 12 Plaintiff, 13 14 No. 2:16-CV-0757-TLN-CMK-P vs. ORDER CALIFORNIA DEPT. OF CORRECTIONS, et al., 15 Defendants. 16 / 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 19 42 U.S.C. § 1983. Pending before the court is plaintiff’s document entitled “Lodgement of 20 Plaintiff’s Request to Amend Complaint and Denial by Chief Inmate Appeals 21 Branch/Declaration in Support of Request” (Doc. 8). 22 To the extent plaintiff seeks to submit documents supporting his claim, plaintiff is 23 advised that he need not include such material with his complaint. Plaintiff will be afforded the 24 appropriate opportunities to present relevant evidence at a later stage of the proceedings. 25 /// 26 /// 1 1 To the extent plaintiff seeks leave to amend his original complaint, leave of court 2 is not necessary. The Federal Rules of Civil Procedure provide that a party may amend his or her 3 pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is 4 one to which a responsive pleading is required, within 21 days after service of the responsive 5 pleading, see Fed. R. Civ. P. 15(a)(1)(A), or within 21 days after service of a motion under Rule 6 12(b), (e), or (f) of the rules, whichever time is earlier, see Fed. R. Civ. P. 15(a)(1)(B). In all 7 other situations, a party’s pleadings may only be amended upon leave of court or stipulation of all 8 the parties. See Fed. R. Civ. P. 15(a)(2). Because no responsive pleading or Rule 12(b) motion 9 has been filed, plaintiff may amend his complaint once without leave of court. 10 11 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (Doc. 8) is denied as unnecessary. 12 13 14 15 DATED: February 3, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?