Troupe v. Swain et al

Filing 9

ORDER granting 8 Motion to Amend signed by Judge David W. Christel.**2 PAGE(S), PRINT ALL**(David Troupe, Prisoner ID: 765714)(MET)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID TROUPE,

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Plaintiff,

CASE NO. 3:16-CV-05380-RJB-DWC
ORDER GRANTING MOTION TO
AMEND

v.
WILLIAM SWAIN, et al.,
Defendants.

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Plaintiff David Troupe, proceeding pro se and in forma pauperis, initiated this action

17 pursuant to 42 U.S.C. § 1983. Presently pending before the Court is Plaintiff’s Motion to Allow
18 Leave to Amend (“Motion”) and attached proposed amended complaint. Dkt. 8.
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Pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure,
A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required,
21 days after service of a responsive pleading or 21 days after
service of a motion under Rule 12(b), (e), or (f), whichever is
earlier.

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ORDER GRANTING MOTION TO AMEND - 1

1 The Motion is Plaintiff’s first motion to amend and he has not previously amended his
2 Complaint in this case. Plaintiff’s Complaint has also not been served. Therefore, Plaintiff’s
3 Motion to Amend is granted as a matter of course. See Trudeau v. Direct Marking Concepts,
4 Inc., 90 Fed.Appx 486 (9th Cir. 2003) (finding the plaintiff was allowed to amend his complaint
5 as a matter of right when the motion to amend was filed before the defendant filed a responsive
6 pleading).
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Accordingly, Plaintiff’s Motion is granted, and Plaintiff’s proposed amended complaint,

8 attached to his Motion, is hereby deemed filed as Plaintiff’s First Amended Complaint. See Dkt.
9 8-1. The Clerk is directed to separately docket Plaintiff’s proposed amended complaint (Dkt. 810
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1) as Plaintiff’s First Amended Complaint.
Dated this 6th day of June, 2016.

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A

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David W. Christel
United States Magistrate Judge

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ORDER GRANTING MOTION TO AMEND - 2