Free Order on Motion to Amend/Correct - District Court of California - California

Case 4:07-cv-02838-SBA

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Filed 11/06/2007

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CURTIS LEE HENDERSON SR., ) ) Plaintiff, ) ) v. ) ) ) CALIFORNIA DEPARTMENT OF ) CORRECTION, et al., ) ) ) Defendants. ________________________________ ) No. C 07-2838 SBA (PR) ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (Docket no. 6)

In this pro se civil rights action, Plaintiff has filed a motion for leave to file a first amended

13 complaint (docket no. 6). 14 A plaintiff may amend his complaint once as a matter of course at any time before a

15 responsive pleading is served. See Fed. R. Civ. P. 15(a). Where a plaintiff seeks to amend after a 16 responsive pleading has already been served, however, the decision whether to grant leave to amend 17 is committed to the sound discretion of the trial court. Waits v. Weller, 653 F.2d 1288, 1290 (9th 18 Cir. 1981). Federal Rule of Civil Procedure 15(a) is to be applied liberally in favor of amendments 19 and, in general, leave shall be freely given when justice so requires. Janicki Logging Co. v. Mateer, 20 42 F.3d 561, 566 (9th Cir. 1994). 21 The Court notes that the defendants in this action have not been served at this time. Plaintiff

22 may as a matter of course amend his complaint because a responsive pleading has not yet been 23 served. See Fed. R. Civ. P. 15(a). 24 Accordingly, Plaintiff's motion for leave to file a first amended complaint (docket no. 6) is

25 GRANTED. 26 The Clerk of the Court is directed to file the document attached to Plaintiff's motion, which is

27 labeled "First Amended Complaint Under the Civil Rights Act, 42 U.S.C. §§ 1983," and docket the 28 aforementioned document as Plaintiff's "First Amended Complaint." The Clerk of Court is further

Case 4:07-cv-02838-SBA

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Filed 11/06/2007

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1 directed to mark the First Amended Complaint as filed on October 9, 2007, the date it was received 2 by the Court. The Court will review Plaintiff's First Amended Complaint in a separate written Order. 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Order terminates Docket no. 6. IT IS SO ORDERED. DATED: 11/5/07 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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Case 4:07-cv-02838-SBA

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Filed 11/06/2007

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1 2 3 4 5 6 7 v. CURTIS LEE HENDERSON SR, Case Number: CV07-02838 SBA Plaintiff, CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CALIFORNIA DEPARTMENT OF 8 CORRECTION et al, 9 10 United States District Court For the Northern District of California Defendant. /

11 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District 12 Court, Northern District of California. 13 That on November 6, 2007, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said 14 envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 15 16 17 Curtis Lee Henderson H-43488 Corcoran State Prison 18 P.O. Box 3481 Corcoran, CA 93212 19 Dated: November 6, 2007 20 21 22 23 24 25 26 27 28

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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