UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 1, 2011
MELVIN JOSEPH SIMMONS,
DERAL G. ADAMS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER DENYING MOTION TO AMEND AS PREMATURE
Plaintiff Melvin Joseph Simmons, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on July 14, 2010. On January 27, 2011, Plaintiff filed a motion seeking leave to amend and an amended complaint.
At this stage in the proceedings, Plaintiff may amend once as a matter of right without leave of court. Fed. R. Civ. P. 15(a). Therefore, Plaintiff's motion is HEREBY DENIED as premature. Plaintiff's amended complaint will be screened in due course. 28 U.S.C. § 1915A.
IT IS SO ORDERED.
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