Cranford v. Badagon

Filing 74

ORDER Striking Plaintiff's First Amended Complaint 71 , signed by Magistrate Judge Barbara A. McAuliffe on 6/24/14. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 ) ) Plaintiff, ) ) v. ) ) ANGELA BADAGON, ) ) Defendant. ) _____________________________________ ) ) CONSOLIDATED ACTION ) ) ARCHIE CRANFORD, Case No.: 1:11-cv-00736-LJO-BAM ORDER STRIKING PLAINTIFF’S FIRST AMENDED COMPLAINT (ECF No. 71) Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee pro se and in forma pauperis in this 19 20 civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Balcagon for 21 excessive force in violation of the Fourteenth Amendment and against Defendants Perryman and 22 Harder for failure to protect in violation of the Fourteenth Amendment.1 Defendant Balcagon filed an 23 answer on July 24, 2012. Defendants Perryman and Harder answered the complaint on October 16, 24 2013, before this action was consolidated. Defendants Perryman and Harder also filed a motion for 25 summary judgment on April 23, 2014. (ECF No. 59.) 26 27 1 28 Defendant Balcagon was sued erroneously as “Angela Badagon.” Defendant Harder was sued erroneously as “Charlotte Havder.” 1 1 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend its pleading once 2 as a matter of course at any time before a responsive pleading is served. Otherwise, a party may 3 amend only by leave of the court or by written consent of the adverse party. Fed. R. Civ. P. 15(a). As 4 noted above, Defendants have filed answers in this action. Plaintiff has not requested leave to amend, 5 and the Court has not granted such leave. Therefore, it is HEREBY ORDERED that the first amended 6 complaint, lodged June 11, 2014, is STRICKEN from the record. 7 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara June 24, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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