Benavidez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KOHEN DIALLO UHURU, No. 2:22-CV-0784-TLN-DMC-P Plaintiff, v. ORDER J. BENAVIDEZ, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s original complaint was filed on May 2, 2022. See ECF No. 1. On November 1, 2022, Plaintiff filed a first amended complaint as of right pursuant to Federal Rule of Civil Procedure 15. See ECF No. 25. Thereafter, on January 5, 2023, Plaintiff filed a second amended complaint without leave of Court. See ECF No. 26. Because the second amended complaint was filed without leave of Court or stipulation to do so, it was stricken. See ECF No. 29; See also, e.g., Hardin v. Wal-Mart Stores, Inc., 813 F. Supp. 2d 1167, 1181 (E.D. Cal. 2011) (striking fourth amended complaint: “If an amended pleading cannot be made as of right and is filed without leave of court or consent of the opposing party,…