Lindsey v. State of Alabama et al

Filing 24

Order striking the 21 Amended Complaint filed by Ernest Dwight Lindsey. Signed by Magistrate Judge Bert W. Milling, Jr on 6/19/2012. copy mailed to plf. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ERNEST DWIGHT LINDSEY, : Plaintiff, : vs. CIVIL ACTION 12-0053-CG-M : STATE OF ALABAMA, et al., : Defendants. ORDER Plaintiff filed his Second Amended Complaint (Doc. 7) on February 15, 2012 and Defendants filed their Motion to Dismiss (Doc. 8) on February 28, 2012. A party may amend its pleading 21 days after serving it, or if a “pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b) . . . whichever is earlier.” Fed. R. Civ. P. 15(a)(1). Otherwise, “a party may amend its pleading only with the opposing party's written consent or the court's leave.” Fed. R. Civ. P. 15(a)(2). Therefore, since Plaintiff filed his Third Amended Complaint (Doc. 21) on June 18, 2012, well beyond the 21 day time frame and has not obtained the opposing party’s written consent or the Court’s leave, the Third Amended Complaint is STRICKEN. DONE this 19th day of June, 2012. s/BERT. W. MILLING, JR. UNITED STATES MAGISTRATE JUDGE

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