(PC) Cervantes v. Lee ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL CERVANTES, No. 2:20-CV-2416-DMC-P 12 Plaintiff, 13 v. ORDER 14 DERRECK J. LEE, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. 18 § 1983. Before the Court is Plaintiff’s motion for leave to amend his complaint, which he filed on 19 December 7, 2020. ECF No. 13. Plaintiff’s motion “for new evidence to be admitted” is also before 20 the Court. ECF No. 16. The Court construes the latter motion as a further motion to amend. 21 Plaintiff’s original complaint is the operative complaint. 22 Federal Rule of Civil Procedure 15(a) permits a party to amend a pleading once as 23 a matter of course within 21 days after service, or if the pleading is one to which a response is 24 required, 21 days after service of a responsive pleading or motion under Rule 12(b), (e), or (f). 25 Otherwise “a party may amend its pleading only with the opposing party's written consent or the 26 court's leave.” Fed. R. Civ. P. 15(a)(2). Plaintiff may amend his pleading once as a matter of course 27 at any time before a responsive pleading is served. See Fed. R. Civ. P. 15(a); Dougherty v. City of 28 Covina, 654 F.3d 892, 901 (9th Cir. 2011). 1 Plaintiff's motions are unnecessary. Plaintiff's complaint has not been served, no 2 || responsive pleading has been served, and Plaintiff has not previously amended his complaint. 3 | Plaintiff may thus file an amendment complaint once as of right. Any further amendments will 4 | require leave of Court. 5 Accordingly, IT IS HEREBY ORDERED THAT: 6 1. Plaintiff's motions to amend (ECFS Nos. 13, 16) are DENIED as 7 | unnecessary; and 8 2. Plaintiff may file a first amended complaint within 30 days of service of this 9 | order. If Plaintiff does not file an amended complaint within 30 days, this case will proceed on the 10 | original complaint.' 11 12 | Dated: April 8, 2021 Ssvcqo_ 13 DENNIS M. COTA 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | | The Court has not yet screened Plaintiff's complaint as required under 28 U.S.C. 1915A.