(PC) Humes v. Brown, No. 2:2017cv02503 - Document 21 (E.D. Cal. 2019)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 07/17/19 VACATING 17 FINDINGS AND RECOMMENDATIONS and GRANTING 20 Motion to Amend. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JON HUMES, 12 Plaintiff, 13 14 No. 2:17-cv-2503 KJM KJN P v. ORDER GOV. JERRY BROWN, 15 Defendant. 16 Plaintiff is a former county jail inmate, proceeding pro se and in forma pauperis. Plaintiff 17 18 seeks relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local 19 Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 20 On October 18, 2018, the magistrate judge filed findings and recommendations herein 21 recommending that plaintiff’s complaint be dismissed without leave to amend. Plaintiff filed 22 objections to the findings and recommendations, along with a motion to amend and a proposed 23 amended complaint. 24 Plaintiff objects that he has been wrongfully required to register under California Penal 25 Code Section 290, and seeks leave to amend because he claims he only recently learned how to 26 draft a federal complaint. (ECF No. 20 at 2.) Plaintiff is permitted to amend his complaint once 27 as a matter of course. Fed. R. Civ. P. 15(a)(1). Thus, in an abundance of caution, the court will 28 //// 1 1 vacate the dismissal without leave to amend, and will grant plaintiff leave to amend. The court 2 will screen plaintiff’s proposed amended complaint by separate order. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The findings and recommendations (ECF No. 17) are vacated; and 5 2. Plaintiff’s motion to amend (ECF No. 20-1) is granted. 6 Dated: July 17, 2019 7 8 9 /hume2503.mta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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