IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 12, 2011
MATTHEW LUCAS FRAZIER, PLAINTIFF,
REDDING POLICE DEPT., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. By order filed on July 6, 2011, plaintiff's original complaint was dismissed with leave to amend within twenty-eight days. Plaintiff filed an amended complaint on August 1, 2011; however, subsequently, plaintiff sought leave to file a further amended complaint. Plaintiff is concerned that a portion of his first amended complaint is inaccurate based on having recently received a copy of his case records/file. Although plaintiff should have attached a proposed second amended complaint with his motion, the court will grant plaintiff further leave to amend within twenty-eight days. Should plaintiff fail to amend timely, the court will proceed to screen the first amended complaint.
Accordingly, IT IS HEREBY ORDERED that plaintiff's September 2, 2011 (docket # 11), motion to amend the amended complaint is granted and plaintiff is hereby permitted twenty-eight days from the date of this order to file a second amended complaint; should he fail to do so, the court will proceed to screen the first amended complaint.
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