(PC) Uhuru v. Benavidez ( 2023 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KOHEN DIALLO UHURU, No. 2:22-CV-0784-TLN-DMC-P 12 Plaintiff, 13 v. ORDER 14 J. BENAVIDEZ, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. 19 Plaintiff’s original complaint was filed on May 2, 2022. See ECF No. 1. On 20 November 1, 2022, Plaintiff filed a first amended complaint as of right pursuant to Federal Rule 21 of Civil Procedure 15. See ECF No. 25. Thereafter, on January 5, 2023, Plaintiff filed a second 22 amended complaint without leave of Court. See ECF No. 26. Because the second amended 23 complaint was filed without leave of Court or stipulation to do so, it was stricken. See ECF No. 24 29; See also, e.g., Hardin v. Wal-Mart Stores, Inc., 813 F. Supp. 2d 1167, 1181 (E.D. Cal. 2011) 25 (striking fourth amended complaint: “If an amended pleading cannot be made as of right and is 26 filed without leave of court or consent of the opposing party, the amended pleading is a nullity 27 and without legal effect.”); Sexton v. Spirit Airlines, Inc., Case No. 2:21-cv-00898-TLN-AC, 28 2022 WL 976914 (E.D. Cal. March 31, 2022) (striking amended complaint); Guthrie v. Hurwitz, 1 |} Case No. 1:18-cv-00282-AWI-BAM, 2018 WL 4005261, at *1 (E.D. Cal. Aug. 20, 2018) 2 || (striking amended complaint). 3 Plaintiff has now filed a third amended complaint, again without leave of Court or 4 || stipulation. It will also be stricken. 5 The sufficiency of Plaintiffs first amended complaint will be addressed separately. 6 Accordingly, IT IS HEREBY ORDERED that Plaintiffs third amended complaint, 7 || ECF No. 30, is STRICKEN. 8 9 | Dated: July 31, 2023 Ss..c0_, 10 DENNIS M. COTA 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28