(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.)

Case 2:22-cv-01364-DMC Document 14 Filed 11/21/22 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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HENRY A. JONES,

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Plaintiff,

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No. 2:22-CV-1364-DMC-P

v.

ORDER

BENEVIOUS, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion, ECF No. 11, for leave to file a

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first amended 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).

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Case 2:22-cv-01364-DMC Document 14 Filed 11/21/22 Page 2 of 2
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Here, Plaintiff’s original complaint has not been served and no defendant has

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answered or filed a motion under Rule 12. Therefore, leave to amend is not necessary. While

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Plaintiff’s motion will be denied, Plaintiff may proceed with amending given the current status of

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the pleadings. The Court will defer screening of Plaintiff’s original complaint to allow Plaintiff

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an opportunity to file a first amended complaint. If no first amended complaint is filed within 30

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days of the date of this order, however, the action will proceed on the original complaint.

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Accordingly, IT IS HEREBY ordered that Plaintiff’s motion for leave to amend,
ECF No. 11, is denied as unnecessary.

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Dated: November 18, 2022

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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