Jacobsen v. Maldinado

Filing 47

ORDER STRIKING 46 Plaintiff's Lodged First Amended Complaint signed by Magistrate Judge Barbara A. McAuliffe on 3/16/2018. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL JACOBSEN,

12

Plaintiff,

13

ORDER STRIKING PLAINTIFF’S LODGED
FIRST AMENDED COMPLAINT

v.

14

Case No. 1:17-cv-00101-LJO-BAM (PC)

MALDINADO,

(ECF No. 46)

15

Defendant.

16
Plaintiff Michael Jacobsen (“Plaintiff”) is a former county detainee proceeding pro se and

17
18

in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

19

Plaintiff’s claim for excessive force in violation of the Fourteenth Amendment against Defendant

20

Maldonado (sued as Maldinado). Defendant Maldonado filed an answer on December 8, 2017,

21

(ECF No. 26), and a motion for summary judgment on February 14, 2018, (ECF No. 40). On

22

March 14, 2018, a first amended complaint was lodged. (ECF No. 46.)

23

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

24

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

25

may amend only by leave of the court or by written consent of the adverse party. Fed. R. Civ. P.

26

15(a). As noted above, Defendant Maldonado has filed an answer in this action. Plaintiff has not

27

requested leave to amend and the Court has not granted such leave.

28

///
1

1
2

Therefore, it is HEREBY ORDERED that the first amended complaint, lodged March 14,
2018, (ECF No. 46), is STRICKEN from the record.

3
4
5

IT IS SO ORDERED.
Dated:

/s/ Barbara

March 16, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2