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)

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