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Jesse Manny Canez v. Oliver

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 8, 2011

JESSE MANNY CANEZ,
PLAINTIFF,
v.
OLIVER, DEFENDANT.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTION TO AMEND AS UNNECESSARY AND STRIKING DUPLICATIVE MOTION TO AMEND

(Docs. 8 and 10)

Plaintiff Jessy Manny Canez, a prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on November 8, 2010. On December 17, 2010, Plaintiff filed a motion seeking leave to amend, and on March 8, 2011, Plaintiff filed a duplicative motion to amend.

Plaintiff has not previously amended and may amend once as a matter of right at this stage in the proceedings. Fed. R. Civ. P. 15(a)(1). Because Plaintiff does not need leave of court to file an amended complaint, his motion is HEREBY DENIED as unnecessary. Plaintiff's duplicative motion to amend is STRICKEN from the record.

IT IS SO ORDERED.

ie14hj

20110408

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