Lear v. Avila, et al.

Filing 33

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/7/2017 DENYING as unnecessary 28 Motion to Amend. Plaintiff to file an amended complaint on or before 12/26/2017. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RODERICK WILLIAM LEAR,

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No. 2:17-cv-0326-JAM-EFB P

Plaintiff,

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v.

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D. AVILA, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
U.S.C. § 1983. ECF No. 1. He has filed a motion to amend his complaint. ECF No. 28.
Rule 15(a)(1) provides that “[a] party may amend its pleading once as a matter of course

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within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is

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required, 21 days after service of a responsive pleading or 21 days after service of a motion under

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Rule 12(b), (e), or (f), whichever is earlier.” On December 4, 2017, defendants filed an answer

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and a Rule 12(f) motion to strike. ECF Nos. 29, 30. Thus, plaintiff may amend his complaint

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“once as a matter of course,” without leave of the court, within 21 days after December 4, 2017.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to amend (ECF No. 28)

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is denied as unnecessary. Plaintiff may file an amended complaint on or before December 26,

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2017, the next business day following the Christmas holiday. See Fed. R. Civ. P. 6(a)(1)(C).

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DATED: December 7, 2017.

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