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Lute v. Beers

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 8, 2010

CHRISTOPHER R. LUTE, PLAINTIFF,
v.
R. BEERS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING MOTION TO AMEND, WITHOUT PREJUDICE (Doc. 18)

Plaintiff Christopher R. Lute, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on December 30, 2008. On July 1, 2010, Plaintiff filed a motion requesting that he be permitted to file the amended complaint he submitted to the Court on June 21, 2010. Plaintiff asserts that pursuant to the scheduling order, he has until August 9, 2010, within which to file an amended complaint.

Defendants filed an answer to Plaintiff's complaint on February 5, 2010. Therefore, at this juncture in the proceedings, Plaintiff may only amend with the Court's permission. Fed. R. Civ. P. 15(a). Plaintiff's current motion merely requests that his amended complaint be filed in because it was submitted prior to the deadline, and the motion was not accompanied by the proposed amended complaint. Plaintiff is required to file a motion setting forth the grounds for seeking leave to amend, and Plaintiff is required to submit the proposed amended pleading with the motion.*fn1*fn2 Fed. R. Civ. P. 7(b)(1); Local Rule 220.

Plaintiff did not meet his burden as the party moving for relief, and his motion to amend, filed July 1, 2010, is DENIED, without prejudice.

IT IS SO ORDERED.


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