Opinion
CASE NO. 1:12-cv-02034-LJO-BAM PC
03-08-2013
MATTHEW JAMES GRIFFIN, Plaintiff, v. J. MOON, et al., Defendants.
ORDER GRANTING MOTION TO FILE
AMENDED COMPLAINT
(ECF No. 5)
ORDER DIRECTING CLERK OF COURT TO
FILE LODGED AMENDED COMPLAINT
(ECF No. 12)
Plaintiff Matthew James Griffin ("Griffin") is a state prisoner proceeding pro se in this civil rights action. Plaintiff originally filed his complaint on October 19, 2012, in the Kings County Superior Court. (ECF No. 2-1.) Defendants J. Wang, C. McCabe and J. Moon removed the action to this court on December 14, 2012. (ECF No. 2.) On January 23, 2013, Plaintiff filed a motion to supplement his complaint pursuant to Federal Rule of Civil Procedure 15. (ECF No. 5.) On February 25, 2013, Plaintiff lodged his proposed supplemental complaint. (ECF No. 12.)
The court construes Plaintiff's motion as a request to amend his original complaint. At this stage of the action, the court has not screened Plaintiff's original complaint pursuant to 28 U.S.C. § 1915A and Defendants have not filed a responsive pleading or a motion pursuant to Rule 12 of the Federal Rules of Civil Procedure. Accordingly, Plaintiff has the right to amend his complaint once as a matter of course without leave of court. Fed. R. Civ. P. 15(a).
Based on the foregoing, it is HEREBY ORDERED as follows:
1. Plaintiff's motion to amend his complaint is GRANTED; and
2. The Clerk of the Court is DIRECTED to file the amended complaint, lodged February 25, 2013, into the record.
IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE