Nguyen v. Biter et al
Filing
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ORDER DENYING 12 Motion to Amend as Unnecessary, signed by Magistrate Judge Sheila K. Oberto on 6/13/2011. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY NGUYEN,
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CASE NO. 1:11-cv-00809-OWW-SKO PC
Plaintiff,
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ORDER DENYING MOTION TO AMEND
AS UNNECESSARY
v.
(Doc. 12)
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BITER, M.D., et al.,
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Defendants.
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Plaintiff Anthony Nguyen, a state prisoner proceeding pro se, filed this civil rights action
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pursuant to 42 U.S.C. ยง 1983 on May 18, 2011. On June 9, 2011, Plaintiff filed a motion seeking
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leave to amend.
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Plaintiff has not previously amended and therefore, he may amend once as a matter of right
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at this stage in the proceedings. Fed. R. Civ. P. 15(a)(1). Because Plaintiff does not need leave of
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court to file an amended complaint, his motion is HEREBY DENIED as unnecessary.1
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IT IS SO ORDERED.
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Dated:
ie14hj
June 13, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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If Plaintiff elects to file an amended complaint as a matter of right, it must be complete within itself
without reference to his prior complaint. Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v.
Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987); Local Rule 220.
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