(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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KERRY LATHAN,

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Plaintiff,

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No. 2:16-CV-0757-TLN-CMK-P

vs.

ORDER

CALIFORNIA DEPT. OF
CORRECTIONS, 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 document entitled “Lodgement of

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Plaintiff’s Request to Amend Complaint and Denial by Chief Inmate Appeals

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Branch/Declaration in Support of Request” (Doc. 8).

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To the extent plaintiff seeks to submit documents supporting his claim, plaintiff is

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advised that he need not include such material with his complaint. Plaintiff will be afforded the

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appropriate opportunities to present relevant evidence at a later stage of the proceedings.

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To the extent plaintiff seeks leave to amend his original complaint, leave of court

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is not necessary. The Federal Rules of Civil Procedure provide that a party may amend his or her

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pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is

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one to which a responsive pleading is required, within 21 days after service of the responsive

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pleading, see Fed. R. Civ. P. 15(a)(1)(A), or within 21 days after service of a motion under Rule

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12(b), (e), or (f) of the rules, whichever time is earlier, see Fed. R. Civ. P. 15(a)(1)(B). In all

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other situations, a party’s pleadings may only be amended upon leave of court or stipulation of all

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the parties. See Fed. R. Civ. P. 15(a)(2). Because no responsive pleading or Rule 12(b) motion

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has been filed, plaintiff may amend his complaint once without leave of court.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (Doc. 8) is
denied as unnecessary.

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DATED: February 3, 2017
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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