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Fulton v. Vasquez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 12, 2010

BILLY FULTON, PLAINTIFF,
v.
P.L. VASQUEZ, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER GRANTING MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (DOC. 9)

Plaintiff Billy Fulton ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Before the Court is Plaintiff's Motion for Leave to File Amended Complaint (Docket # 9). Plaintiff filed his proposed First Amended Complaint at the same time he filed the instant motion. Federal Rule of Civil Procedure 15(a) provides that a pleading may be amended once as a matter of course so long as no defendant has served a responsive pleading. In this case, no defendant has yet served a responsive pleading.

Accordingly, Plaintiff's Motion for Leave to File Amended Complaint (Docket # 9) is GRANTED. The Court will accept Plaintiff's First Amended Complaint (Docket # 10) as the operative pleading in this case.

IT IS SO ORDERED.

20100612

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