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Dana Mcmaster v. M. E. Spearman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 14, 2013

DANA MCMASTER,
PLAINTIFF,
v.
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.


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