Opinion
No. CIV S-11-1351 GGH P
09-12-2011
MATTHEW LUCAS FRAZIER, Plaintiff, v. REDDING POLICE DEPT., et al., Defendants.
ORDER
Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. By order filed on July 6, 2011, plaintiff's original complaint was dismissed with leave to amend within twenty-eight days. Plaintiff filed an amended complaint on August 1, 2011; however, subsequently, plaintiff sought leave to file a further amended complaint. Plaintiff is concerned that a portion of his first amended complaint is inaccurate based on having recently received a copy of his case records/file. Although plaintiff should have attached a proposed second amended complaint with his motion, the court will grant plaintiff further leave to amend within twenty-eight days. Should plaintiff fail to amend timely, the court will proceed to screen the first amended complaint.
Accordingly, IT IS HEREBY ORDERED that plaintiff's September 2, 2011 (docket # 11), motion to amend the amended complaint is granted and plaintiff is hereby permitted twenty-eight days from the date of this order to file a second amended complaint; should he fail to do so, the court will proceed to screen the first amended complaint.
Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE