Free Order on Motion for Leave to File - District Court of California - California

Case 4:07-cv-02838-SBA

Document 13

Filed 03/06/2008

Page 1 of 3

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 SECOND AMENDED COMPLAINT (Docket no. 12)

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

13 complaint (docket no. 12). 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 second amended complaint (docket no. 12)

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

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

Case 4:07-cv-02838-SBA

Document 13

Filed 03/06/2008

Page 2 of 3

1 further directed to mark the Second Amended Complaint as filed on February 28, 2008, the date it 2 was received by the Court. The Court will review Plaintiff's Second Amended Complaint in a 3 separate written Order. 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. 12. IT IS SO ORDERED. DATED: 3/4/08 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

P:\PRO-SE\SBA\CR.07\Henderson2838.2ndamend.frm 2

Case 4:07-cv-02838-SBA

Document 13

Filed 03/06/2008

Page 3 of 3

1

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

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

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District 11 Court, Northern District of California. 12 That on March 6, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said 13 copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located 14 in the Clerk's office. 15 16 Curtis Lee Henderson H-43488 17 Corcoran State Prison P.O. Box 3481 18 Corcoran, CA 93212 19 Dated: March 6, 2008 20 21 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

P:\PRO-SE\SBA\CR.07\Henderson2838.2ndamend.frm 3