Opinion
CASE NO. 1:12-cv-01047-SKO PC
07-26-2012
ERNEST DANIEL MEDINA, Plaintiff, v. KERN COUNTY SHERIFF'S DEPT., Defendant.
ORDER DENYING SECOND MOTION
TO AMEND AS UNNECESSARY AND
STRIKING THIRD MOTION
(Docs. 12 and 14)
Plaintiff Ernest Daniel Medina, a prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983 on June 21, 2012. On July 13, 2012, Plaintiff filed a second motion seeking leave to amend, and on July 16, 2012, Plaintiff filed a third motion.
As Plaintiff was notified in the order filed on July 10, 2012, he has not previously amended and therefore, he may amend once as a matter of right at this stage in the proceedings. Fed. R. Civ. P. 15(a)(1). Because Plaintiff does not need leave of court to file an amended complaint, his second motion is HEREBY DENIED as unnecessary. Plaintiff's third motion is STRICKEN from the record and Plaintiff is admonished that it is inappropriate to file duplicative motions. IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE