Humes v. Brown

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 07/17/19 VACATING 17 FINDINGS AND RECOMMENDATIONS and GRANTING 20 Motion to Amend. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JON HUMES,

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Plaintiff,

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No. 2:17-cv-2503 KJM KJN P

v.

ORDER

GOV. JERRY BROWN,

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Defendant.

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Plaintiff is a former county jail inmate, proceeding pro se and in forma pauperis. Plaintiff

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seeks relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local

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Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

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On October 18, 2018, the magistrate judge filed findings and recommendations herein

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recommending that plaintiff’s complaint be dismissed without leave to amend. Plaintiff filed

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objections to the findings and recommendations, along with a motion to amend and a proposed

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amended complaint.

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Plaintiff objects that he has been wrongfully required to register under California Penal

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Code Section 290, and seeks leave to amend because he claims he only recently learned how to

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draft a federal complaint. (ECF No. 20 at 2.) Plaintiff is permitted to amend his complaint once

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as a matter of course. Fed. R. Civ. P. 15(a)(1). Thus, in an abundance of caution, the court will

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vacate the dismissal without leave to amend, and will grant plaintiff leave to amend. The court

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will screen plaintiff’s proposed amended complaint by separate order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 17) are vacated; and

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2. Plaintiff’s motion to amend (ECF No. 20-1) is granted.

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Dated: July 17, 2019

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/hume2503.mta

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