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