Allen

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARL FOUST, No. 2:23-CV-0179-DAD-DMC-P Plaintiff, v. ORDER I. PEREZ, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint. See ECF No. 80. This action currently proceeds on Plaintiff’s original complaint. See ECF No. 17 (service order). Defendants waived service and filed their answer on February 5, 2024. See ECF No. 30. After unsuccessful negotiations for an early settlement, the case was scheduled on January 28, 2025. See ECF No. 81 (discovery and scheduling order). Plaintiff filed the pending first amended complaint on January 24, 2025. See ECF No. 80. The Federal Rules of Civil Procedure provide that a party may amend his or her pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is one to…