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Jesus Fuentes v. New York City Department of Education

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


January 4, 2011

JESUS FUENTES, PLAINTIFF,
v.
NEW YORK CITY DEPARTMENT OF EDUCATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Go, United States Magistrate Judge:

ORDER

By letter dated November 23, 2010, plaintiff pro se Jesus Fuentes seeks to amend his complaint to change any references in paragraph 53 from the Fourteenth Amendment to the Fifth Amendment. Since plaintiff's letter was filed before the defendants served their motion to dismiss under Rule 12, plaintiff may amend the complaint as of right. See Fed. R. Civ. P. 15(a)(1). Accordingly, the complaint is deemed amended and plaintiff need not file an additional pleading at this time. However, plaintiff is advised that in order to amend the complaint in the future, he must obtain the defendants' written consent or leave of the Court.

SO ORDERED.

Brooklyn, New York

MARILYN DOLAN GO UNITED STATES MAGISTRATE JUDGE

20110104

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