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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RODERICK WILLIAM LEAR, 11 No. 2:17-cv-0326-JAM-EFB P Plaintiff, 12 v. 13 D. AVILA, et al., 14 ORDER Defendants. 15 16 17 18 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 19 within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is 20 required, 21 days after service of a responsive pleading or 21 days after service of a motion under 21 Rule 12(b), (e), or (f), whichever is earlier.” On December 4, 2017, defendants filed an answer 22 and a Rule 12(f) motion to strike. ECF Nos. 29, 30. Thus, plaintiff may amend his complaint 23 “once as a matter of course,” without leave of the court, within 21 days after December 4, 2017. 24 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to amend (ECF No. 28) 25 is denied as unnecessary. Plaintiff may file an amended complaint on or before December 26, 26 2017, the next business day following the Christmas holiday. See Fed. R. Civ. P. 6(a)(1)(C). 27 DATED: December 7, 2017. 28

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