Shepard v. Borum et al

Filing 79

ORDER Striking 21 Petitioner's Second Amended Complaint, signed by Magistrate Judge Helena M. Barch-Kuchta on 07/12/2021. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,

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Plaintiff,

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Case No. 1:18-cv-00277-DAD-HBK
ORDER STRIKING PETITIONER’S
SECOND AMENDED COMPLAINT

v.
(Doc. No. 21)

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M. BORUM, J. ACEBEDO,

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Defendant.

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Plaintiff Lamont Shepard, a state prisoner proceeding pro se, initiated this action by filing

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a civil rights complaint under 42 U.S.C. § 1983 on February 26, 2018. (Doc. No. 1). On October

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22, 2018, Shepard filed his first amended complaint. (Doc. No. 13). On March 4, 2019,

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Defendants filed an answer to the first amended complaint. (Doc. No. 19). On April 22, 2019,

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Plaintiff filed another complaint, which although not labeled as such, is considered a second

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amended complaint.1 (Doc. No. 21). Plaintiff did not seek leave of Court to file a second

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amended complaint as required by Federal Rule of Civil Procedure 15(a)(2). Therefore, to the

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extent Plaintiff intended the filing to be a second amended complaint, the pleading is procedurally

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improper. Consequently, the Court will order the improper pleading stricken from the record.

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The second amended complaint names the same defendants and appears to raise the same facts
and claims set forth in Plaintiff’s first amended complaint.

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Accordingly, it is ORDERED:

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Plaintiff’s second amended complaint (Doc. No. 21) is stricken from the record.

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Dated:

July 12, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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