Carter v. Reese et al

Filing 24

ORDER GRANTING PLAINTIFF'S MOTION TO FILE SECOND AMENDED COMPLAINT; DIRECTIONS TO CLERK. Plaintiff's motion is granted. The Clerk of Court is directed to file plaintiff's "Second Amended Complaint for Equitable and Legal Relief,&q uot; lodged with the Clerk of Court on December 3, 2012. Signed by Judge Maxine M. Chesney on December 7, 2012. (mmclc2, COURT STAFF) (Filed on 12/7/2012) (Additional attachment(s) added on 12/7/2012: # 1 Certificate of Service) (tlS, COURT STAFF).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 For the Northern District of California United States District Court 10 11 12 DARRYL CARTER, No. C 12-5537 MMC Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO FILE SECOND AMENDED COMPLAINT; DIRECTIONS TO CLERK v. CLYDE REESE III, et al., Defendants 13 / 14 Before the Court is plaintiff Darryl Carter’s “Motion to Amend First Amended 15 16 Complaint for Equitable and Legal Relief,” filed December 3, 2012, by which motion plaintiff 17 requests leave to file a Second Amended Complaint. Plaintiff asserts he “became aware of 18 an additional United States Constitution fourteenth amendment violation which transpired 19 since the start of the civil action” (see Mot. at 4:16-18), and seeks to plead said violation. 20 Defendants have not yet appeared and will suffer no prejudice from the request. 21 Accordingly, the motion is hereby GRANTED. See Fed. R. Civ. P. 15(a)(2) (directing 22 courts to “freely give leave [to amend] when justice so requires”). 23 The Clerk of the Court is hereby directed to file plaintiff’s “Second Amended 24 Complaint for Equitable and Legal Relief,” lodged with the Clerk of Court on December 3, 25 2012. 26 27 28 IT IS SO ORDERED. Dated: December 7, 2012 MAXINE M. CHESNEY United States District Judge

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