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Rider v. Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 26, 2009

CHRISTOPHER S. RIDER, PLAINTIFF,
v.
JAMES YATES, ET AL, DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER STRIKING PROPOSED SECOND AMENDED COMPLAINT (Doc. 28)

Plaintiff Christopher S. Rider ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 2, 2008, the Clerk's Office lodged Plaintiff's proposed second amended complaint. (Doc. 28.) Plaintiff may amend his complaint once as a matter of course. Fed. R. Civ. P. 15(a)(1). "In all other cases, a party may amend its pleading only with . . . the court's leave." Id. at 15(a)(2). The Court screened Plaintiff's first amended complaint on August 13, 2008, and recommended that this action proceed against certain defendants. (Doc. 24.) The Court did not grant Plaintiff leave to file a second amended complaint, and will thus strike Plaintiff's proposed second amended complaint.*fn1

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's proposed second amended complaint, lodged on October 2, 2008, is STRICKEN;

2. The Clerk's Office shall scan Plaintiff's proposed second amended complaint in its entirety to make the Court's record complete; and

3. The Clerk's Office shall return Plaintiff's proposed second amended complaint to the Plaintiff.

IT IS SO ORDERED.


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