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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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ANGELA BADAGON,
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Defendant.
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_____________________________________ )
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CONSOLIDATED ACTION
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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

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civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Balcagon for

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excessive force in violation of the Fourteenth Amendment and against Defendants Perryman and

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Harder for failure to protect in violation of the Fourteenth Amendment.1 Defendant Balcagon filed an

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answer on July 24, 2012. Defendants Perryman and Harder answered the complaint on October 16,

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2013, before this action was consolidated. Defendants Perryman and Harder also filed a motion for

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summary judgment on April 23, 2014. (ECF No. 59.)

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Defendant Balcagon was sued erroneously as “Angela Badagon.” Defendant Harder was sued erroneously as “Charlotte
Havder.”

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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend its pleading once

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as a matter of course at any time before a responsive pleading is served. Otherwise, a party may

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amend only by leave of the court or by written consent of the adverse party. Fed. R. Civ. P. 15(a). As

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noted above, Defendants have filed answers in this action. Plaintiff has not requested leave to amend,

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and the Court has not granted such leave. Therefore, it is HEREBY ORDERED that the first amended

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complaint, lodged June 11, 2014, is STRICKEN from the record.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 24, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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