Wagner v. Cryer et al

Filing 20

ORDER by Judge Yvonne Gonzalez Rogers denying as unnecessary 19 Second Motion for Leave to Amend (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 3/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL L. WAGNER,

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United States District Court
Northern District of California

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Case No.: 13-CV-5167 YGR
ORDER DENYING SECOND MOTION FOR
LEAVE TO AMEND

Plaintiff,
v.
STACEY CRYER, in her Official Capacity as
Director, County of Mendocino County;
HEALTH AND HUMAN SERVICES,
unknown Named Director of County of San
Francisco,
Defendants.

On February 28, 2014, pro se plaintiff Michael L. Wagner filed a Second Motion for Leave

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to Amend his complaint. (Dkt. No. 19.) The motion is DENIED as unnecessary. Under Federal

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Rule of Civil Procedure 15(a)(1)(A), Plaintiff may amend his pleading "once as a matter of course

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within . . . 21 days after serving it[.]" Here, the Court ordered the United States Marshals to effect

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service of Plaintiff's pleadings, as Plaintiff is proceeding in forma pauperis. (Dkt. No. 17.) The

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Court entered that Order on March 3, 2014. (Id.) No proof of service has yet been docketed.

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Accordingly, the 21-day period allotted by Rule 15 has yet to elapse. Because Plaintiff may file his

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amended complaint without filing a motion or otherwise seeking leave of the Court anytime before

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the 21-day period elapses, and the 21-day period has not elapsed, Plaintiff's motion seeking leave is

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superfluous and DENIED.

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This Order terminates Docket Number 19.

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IT IS SO ORDERED.

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Date: March 6, 2014

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE