Saiz v. Hanford Police Department et al

Filing 28

ORDER DECLARING plaintiff's third amended complaint "invalid" and of "no legal effect." Defendants' hearing on the Motion to Strike the Third Amended Complaint, document 26 , is VACATED. Order signed by Magistrate Judge Sandra M. Snyder on 4/24/2013. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MARTIN LOUIS SAIZ,

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Plaintiff,

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CASE NO. 1:12-cv-00912-AWI-SMS
ORDER DECLARING “THIRD AMENDED
COMPLAINT” INVALID AND
OF NO LEGAL EFFECT

v.
HANFORD POLICE DEPARTMENT, et al.,

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Defendants.
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(Doc. 26)
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On April 19, 2013, reporting that Plaintiff, a pro se litigant, had served them with a Third
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Amended Complaint that has not been filed with the Clerk of Court, Defendants moved to strike
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the Third Amended Complaint.
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If a party has already amended its pleadings once as a matter of course, further
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amendment requires the consent of the adverse party or leave of the court. F.R.Civ.P. 15(a). As
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Defendants correctly observed, Plaintiff has neither filed a motion for leave to amend his second
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amended complaint nor filed the actual third amended complaint with this Court.
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Accordingly, the Court hereby DECLARES that the so-called third amended complaint
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served by Plaintiff on Defendants on April 3, 2013, is invalid and of no legal force or effect. The
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motion hearing noticed by Defendants is vacated. The Clerk of Court is directed to mail a copy
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of this Order to Plaintiff.
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IT IS SO ORDERED.
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Dated:
icido3

April 24, 2013

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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