Hendon v. Rigg et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/22/11 granting 12 Motion to Amend the Complaint. The order of 06/08/11 requiring plaintiff to return service forms in accordance with the court's prior screening order is hereby vacated. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CARLOS HENDON,
Plaintiff,
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No. CIV S-10-2864 EFB P
vs.
RIGG, et al.,
ORDER GRANTING LEAVE TO AMEND
Defendants.
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/
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. This action currently proceeds on the first amended complaint filed January 24,
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2011. Dckt. No. 6. Service of the amended complaint on defendants has not yet been effected.
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On May 20, 2011, plaintiff filed a motion for leave to file an amended complaint along with the
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second amended complaint. Dckt. Nos. 12, 13. For the reasons explained, the court will grant
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the motion.
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Under Federal Rule Civil Procedure 15, “A party may amend its pleading once as a
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matter of course before being served with a responsive pleading.” Fed. R. Civ. P. 15(a)(1)(A).
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Plaintiff has already amended his complaint once. Dckt. No. 6. Thus, he must obtain either
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defendants’ written consent or the court’s leave to amend again. Fed. R. Civ. P. 15(a)(2). “The
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court should freely give leave when justice so requires.” Id. As defendants have not yet
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appeared in this action, the court will allow plaintiff to amend the complaint and accepts the
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second amended complaint as the operative pleading in this case.
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Accordingly, it hereby is ORDERED that:
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1. Plaintiff’s May 20, 2011 motion to file an amended complaint is granted. The court
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will screen the second amended complaint pursuant to 28 U.S.C. § 1915A in due course.
2. The order of June 8, 2011 requiring plaintiff to return service forms in accordance
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with the court’s prior screening order is hereby vacated. If, upon screening the second amended
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complaint, the court finds that plaintiff has stated a cognizable claim against any defendant, the
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court will issue a new order governing service.
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Dated: November 22, 2011.
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