IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 1, 2011
DANIEL CRUZ, PLAINTIFF,
MICHAELS, ET AL., DEFENDANTS.
ORDER GRANTING LEAVE TO AMEND
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This action currently proceeds on the complaint filed May 11, 2010. Defendants have not filed an answer or a motion for summary judgment, having been granted an extension of time until February 20, 2011 to file a response to the complaint. On January 24, 2011, plaintiff filed a motion for leave to file an amended complaint.
Under the applicable rule, "A party may amend its pleading once as a matter of course before being served with a responsive pleading." Fed. R. Civ. P. 15(a)(1)(A). Here, plaintiff filed his motion to amend the complaint together with a first amended complaint on January 24, 2011, and defendants have yet to file a responsive pleading. Thus, plaintiff must be permitted to proceed on the first amended complaint.
Accordingly, it hereby is ORDERED that:
1. Plaintiff's January 24, 2011 motion to file an amended complaint is granted; and
2. Defendants have 30 days from the date this order is served to respond to the amended complaint.
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