Cruz v. Michaels

Full title: DANIEL CRUZ, Plaintiff, v. MICHAELS, et al., Defendants

Court: United States District Court, E.D. California

Date published: Feb 2, 2011

No. CIV S-10-1162 KJM EFB P (E.D. Cal. Feb. 2, 2011)

Opinion

No. CIV S-10-1162 KJM EFB P.

February 2, 2011

ORDER GRANTING LEAVE TO AMEND

EDMUND BRENNAN, Magistrate Judge

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This action currently proceeds on the complaint filed May 11, 2010. Defendants have not filed an answer or a motion for summary judgment, having been granted an extension of time until February 20, 2011 to file a response to the complaint. On January 24, 2011, plaintiff filed a motion for leave to file an amended complaint.

Under the applicable rule, "A party may amend its pleading once as a matter of course before being served with a responsive pleading." Fed.R.Civ.P. 15(a)(1)(A). Here, plaintiff filed his motion to amend the complaint together with a first amended complaint on January 24, 2011, and defendants have yet to file a responsive pleading. Thus, plaintiff must be permitted to proceed on the first amended complaint.

Accordingly, it hereby is ORDERED that:

1. Plaintiff's January 24, 2011 motion to file an amended complaint is granted; and

2. Defendants have 30 days from the date this order is served to respond to the amended complaint.

Dated: February 1, 2011.