(PC) Gomez v. Ramirez et al

Filing 22

ORDER signed by Magistrate Judge Dennis M. Cota on 9/7/2021 DENYING as unnecessary plaintiff's 16 motion for leave to amend. The Clerk shall file as a first amended complaint the proposed amended complaint attached to plaintiff's motion at ECF No. 16, pgs. 2-9. (Yin, K)

Case 2:20-cv-00757-TLN-DMC Document 22 Filed 09/08/21 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD GOMEZ,

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No. 2:20-CV-0757-DMC-P

Plaintiff,
v.

ORDER

A. RAMIREZ, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

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U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 16, for leave to file a first

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amended complaint. Attached to Plaintiff’s motion at pages 2-9 is a proposed first amended

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complaint.

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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). Here, Plaintiff’s motion and proposed amended

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complaint were filed within 21 days of the filing of Defendants’ answer to the original complaint.
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Case 2:20-cv-00757-TLN-DMC Document 22 Filed 09/08/21 Page 2 of 2
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Leave of Court is, therefore, not necessary. Plaintiff’s motion will be denied as unnecessary, but

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the Clerk of the Court will be directed to file the amended complaint attached to Plaintiff’s

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motion. By separate order, the Court has directed service of the first amended complaint on

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newly-named Defendant L. Eldridge.

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Accordingly, IT IS HEREBY ORDERED that:

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unnecessary; and

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2.

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Plaintiff’s motion for leave to amend, ECF No. 16, is denied as

The Clerk of the Court is directed to file as a first amended complaint the

proposed amended complaint attached to Plaintiff’s motion at ECF No. 16, pgs. 2-9.

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Dated: September 7, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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