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