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Joseph Martinez Garcia v. James Yates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 17, 2012

JOSEPH MARTINEZ GARCIA,
PLAINTIFF,
v.
JAMES YATES, ET AL., DEFENDANT.

The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER DEEMING MOTION TO DISREGARD AS A REQUEST FOR LEAVE TO FILE THIRD AMENDED COMPLAINT ORDER GRANTING LEAVE TO FILE THIRD AMENDED COMPLAINT (Doc. 25)

Plaintiff Joseph Garcia is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. On April 23, 2012, Plaintiff filed a "Motion to Disregard his First Amended Complaint (Doc. 13)."*fn1 In his motion, Plaintiff asks the Court to disregard the complaint he filed on July 13, 2011 and deem the complaint he attached to his April 23, 2012 motion as his operative complaint.*fn2

Plaintiff is able to file an amended pleading once as a matter of course, but beyond that "a party may amend its pleading only with . . . the court's leave." Fed.R.Civ.P. 15(a)(2). Since Plaintiff previously filed a First Amended Complaint, he was required to request permission from this Court before filing a newly amended complaint. Plaintiff's current motion, although incorrectly named, 2 seems to seek such permission. As result, the Court will deem Plaintiff's motion to disregard as a 3 motion for leave to file a Third Amended Complaint. 4

The Court has not yet screened Plaintiff's Second Amended Complaint. Thus, for the sake of 5 judicial economy, the Court will accept the Third Amended Complaint (Doc. 25) and will screen 6 Plaintiff's newly filed complaint in due course. 7 8

IT IS SO ORDERED. 9


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