(PC) Jones v. Benevious et al

Filing 14

ORDER signed by Magistrate Judge Dennis M. Cota on 11/18/22 DENYING 11 Motion to Amend the Complaint as unnecessary. (Benson, A.)

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Case 2:22-cv-01364-DMC Document 14 Filed 11/21/22 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HENRY A. JONES, 12 Plaintiff, 13 14 No. 2:22-CV-1364-DMC-P v. ORDER BENEVIOUS, et al., 15 Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 17 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 11, for leave to file a 19 first amended complaint. 20 The Federal Rules of Civil Procedure provide that a party may amend his or her 21 pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is 22 one to which a responsive pleading is required, within 21 days after service of the responsive 23 pleading, see Fed. R. Civ. P. 15(a)(1)(A), or within 21 days after service of a motion under Rule 24 12(b), (e), or (f) of the rules, whichever time is earlier, see Fed. R. Civ. P. 15(a)(1)(B). In all 25 other situations, a party’s pleadings may only be amended upon leave of court or stipulation of all 26 the parties. See Fed. R. Civ. P. 15(a)(2). 27 /// 28 /// 1 Case 2:22-cv-01364-DMC Document 14 Filed 11/21/22 Page 2 of 2 1 Here, Plaintiff’s original complaint has not been served and no defendant has 2 answered or filed a motion under Rule 12. Therefore, leave to amend is not necessary. While 3 Plaintiff’s motion will be denied, Plaintiff may proceed with amending given the current status of 4 the pleadings. The Court will defer screening of Plaintiff’s original complaint to allow Plaintiff 5 an opportunity to file a first amended complaint. If no first amended complaint is filed within 30 6 days of the date of this order, however, the action will proceed on the original complaint. 7 8 Accordingly, IT IS HEREBY ordered that Plaintiff’s motion for leave to amend, ECF No. 11, is denied as unnecessary. 9 10 Dated: November 18, 2022 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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