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Daniel Cruz v. Michaels

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 1, 2011

DANIEL CRUZ, PLAINTIFF,
v.
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.

20110201

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