Borrero v. Secretary John Wetzel et al

Filing 10

MEMORANDUM AND ORDER granting 9 MOTION for Leave to File filed by Hector Alexander Borrero. The clerk shall file the amended complaint lodged by the plaintiff. (Docs 9-1 and 9-2.) The Clerk of Court is directed to serve plaintiff's amended complaint in accordance with F.R.C.P. 4.1 The defendants are requested to waive service pursuant to Rule 4(d). Signed by Magistrate Judge Martin C. Carlson on January 30, 2013. (kjn) (Main Document 10 replaced on 1/30/2013) (kjn).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HECTOR ALEXANDER BORRERO,

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Plaintiff,
v.
JOHN WETZEL, et al.,
Defendants.

Civil No. 3:12-CV-1934

(Judge Mariani)
(Magistrate Judge Carlson)

MEMORANDUM AND ORDER
The background of this order is as follows:
The plaintiff, a state prisoner, commenced this action by filing a pro se
complaint. (Doc. 1.) The plaintiff now seeks to file an amended complaint prior to
service of any pleadings on the defendants, (Doc. 9.), and has tendered a proposed
amended complaint. (Doc. 9-1 and 9-2.) Such motions are governed by Rule 15(a)
of the Federal Rules of Civil Procedure, which strongly favors amendment of
pleadings at the outset of litigation. Rule 15(a), F.R. Civ. P. In this case the plaintiff
timely sought leave to amend. Therefore, the plaintiff should be granted leave to
amend this complaint under Rule 15. Of course, nothing in this decision implies any
views on the ultimate merits of the issues raised in the amended complaint, an issue
that will be reserved for another time.

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Accordingly, for the foregoing reasons, IT IS ORDERED that the plaintiff’s
motion for leave to amend (Doc. 9.) is GRANTED, and the Clerk shall file the
amended complaint lodged by the plaintiff. (Docs 9-1 and 9-2.) The Clerk of Court
is directed to serve plaintiff's amended complaint in accordance with F.R.C.P. 4.1 The
defendants are requested to waive service pursuant to Rule 4(d).
SO ORDERED, this 30th day of January 2013.

/s/ Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

The Marshal will send the form Notice of Lawsuit and Request for Waiver
of Service of Summons to each defendant.
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