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Gerald Lee Miller v. Dr. J. Akanno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 23, 2013

GERALD LEE MILLER,
PLAINTIFF,
v.
DR. J. AKANNO, M.D., ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

ORDER DENYING MOTION FOR LEAVE TO AMEND AS MOOT AND DIRECTING CLERK'S OFFICE TO FILE LODGED AMENDED COMPLAINT (Docs. 9-11)

Plaintiff Gerald Lee Miller, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 22, 2012. On January 22, 2013, Plaintiff filed a motion seeking leave to amend, accompanied by a proposed amended complaint.

Plaintiff has the right to amend once as a matter of course without leave of court. Fed. R. Civ. P. 15(a). Accordingly, Plaintiff's motion seeking leave to amend is HEREBY DENIED as moot, and the Clerk's Office shall file in his proposed amended complaint. Any future amendments must be accompanied by a motion seeking leave to amend.

IT IS SO ORDERED.

20130123

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