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Rouser v. Meyers

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 23, 2010

WILLIAM ROUSER, PLAINTIFF,
v.
W. K. MEYERS, ET AL., DEFENDANTS.

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

ORDER GRANTING MOTIONS TO AMEND (Docs. 3, 4, 5) AMENDED COMPLAINT DUE WITHIN 30 DAYS

Plaintiff William Rouser ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action. This action was removed from state court by Defendants Meyers, Yates, and Duran. (Doc. 1, Notice of Removal.) On January 5, 2010, Plaintiff filed a motion to dismiss his federal claims of religious rights violations in this action. (Docs. 3, 4.) On January 8, 2010, Plaintiff filed a motion of voluntary dismissal of his federal claims and remand to state court. (Doc. 5.)

The Court shall treat these motion as a motion to amend his complaint. Plaintiff may amend once as a matter of course prior to a responsive pleading by the defendants. Fed. R. Civ. P. 15(a). If Plaintiff files an amended complaint which does not state any federal claims, remand would be appropriate.

Accordingly, it is HEREBY ORDERED that Plaintiff is GRANTED leave to file an amended complaint within thirty (30) days from the date of service of this order.

Plaintiff may move for remand once the Amended Complaint has been filed and served upon Defendants.

IT IS SO ORDERED.

20100123

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