Reyes v. Flores et al

Filing 23

ORDER Striking Lodged First Amended Complaint signed by Magistrate Judge Jennifer L. Thurston on 08/03/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ABEL P. REYES,

Case No. 1:16-cv-00586-DAD-JLT (PC)
Plaintiff,

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v.

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ORDER STRIKING LODGED
FIRST AMENDED COMPLAINT

FLORES, et al.,

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(Doc. 22)
Defendants.

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Plaintiff is proceeding on claims in the Complaint against LVN Flores and John Doe RN

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for deliberate indifference to his serious medical needs in violation of the Eighth Amendment.

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Defendant Flores filed an answer and the Court issued the Discovery and Scheduling Order on

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May 22, 2017. On August 1, 2017, Plaintiff submitted a first amended complaint which has been

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lodged on the docket. (Doc. 22.)

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Though the Discovery and Scheduling Order in this case set September 19, 2017 as the

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deadline for amending the pleadings, it specifically noted: “This date does not allow any party to

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unilaterally file an amended pleading. Rather, any such amended pleadings must comply with all

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applicable Federal Rules of Civil Procedure (i.e. Rule 15) and Local Rules (i.e. Local Rule 220).”

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(Doc. 20, n.2, p. 3.) Local Rule 220 requires compliance with Rule 15. Rule 15 states that a

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party may amend a pleading only with the opposing party’s written consent or with leave of the

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Court. Fed. R. Civ. P. 15(a)(2). Plaintiff merely submitted a first amended complaint for filing

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and has not shown compliance with Rule 15 and Local Rule 220.

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Accordingly, the first amended complaint, lodged on August 1, 2017 (Doc. 22) is
STRICKEN from the record in this action.

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IT IS SO ORDERED.
Dated:

August 3, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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