UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 14, 2013
M. E. SPEARMAN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
ORDER DENYING MOTION SEEKING LEAVE TO AMEND AS MOOT (Doc. 25)
Plaintiff Dana McMaster, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on August 6, 2010. On January 9, 2013, Plaintiff filed a motion seeking leave to file his second amended complaint, which was received and filed on January 3, 2013.
Plaintiff had the right to amend once as a matter of course
without leave of court and for that reason, his second amended
complaint was filed when received on January 3, 2013. *fn1
Fed. R. Civ.
P. 15(a). Accordingly, Plaintiff's motion seeking leave to amend
is HEREBY DENIED as moot. Any future amendments, however, must be
accompanied by a motion seeking leave to amend.
IT IS SO ORDERED.