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Graham Roger-Lee De-Luis-Conti v. M. Cates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 25, 2011

GRAHAM ROGER-LEE DE-LUIS-CONTI,
PLAINTIFF,
v.
M. CATES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

ORDER GRANTING MOTION TO AMEND(ECF No. 30)

Plaintiff Graham Roger-Lee De-Luis-Conti ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

On December 20, 2010, Plaintiff filed his Third Amended Complaint. (ECF No.27.) On June 13, 2011, he filed a Motion to File a Fourth Amended Complaint. (ECF No.30.) On July 11, 2011, he lodged his proposed Fourth Amended Complaint with the Court. (ECF No. 31.)

Because the Court had not acted on Plaintiff's Third Amended Complaint and no Defendant has yet been served, there is no compelling reason to disallow Plaintiff's requested further amended complaint.

Accordingly, Plaintiff's Motion to Amend is GRANTED. The Court will consider the July 11, 2011 Fourth Amended Complaint to be the operative complaint in this case and will undertake to screen it in due course.

IT IS SO ORDERED.

20110725

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