Reilly

(PC) Brown v. Reilly

Good Law
United States District Court, Eastern District of CaliforniaJune 1, 20222:20-cv-01709California2,729 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONNIE CHEROKEE BROWN, No. 2:20-cv-1709 WBS AC P Plaintiff, v. ORDER A. REILLY, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a motion to amend the complaint (ECF No. 63), which is accompanied by a proposed first amended complaint (ECF No. 64). I. Motion to Amend Federal Rule of Civil Procedure 15(a) permits amendment to the complaint once as a matter of course within twenty-one days of serving it or within twenty-one days of service of a responsive pleading. Because defendants have not yet responded to the complaint, plaintiff is within the time for amending the complaint as a matter of course and does not require leave of the court to amend. The motion to amend will therefore be denied as unnecessary and the court will proceed to screen the first amended complaint.1 26 Because the first amended complaint supersedes the original complaint, defendants are no longer obligated…

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