Heram v. United States Government

Filing 62

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/22/2014 VACATING the 10/29/2014 hearing on the defendant's motion to dismiss. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAGHVENDRA SINGH,

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No. 2:13-cv-780-TLN-EFB PS

Plaintiff,
v.

ORDER

UNITED STATES OF AMERICA,

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Defendant.

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On August 29, 2014, the government filed a motion to dismiss plaintiff’s first amended

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complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure (“Rule”)

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12(b)(6) and for lack of jurisdiction pursuant to Rule 12(b)(1).1 ECF No. 44. That motion was

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before the court for hearing on October 1, 2014, and is currently under submission.

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On September 18, 2014, plaintiff filed a second amended complaint. The complaint was

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not filed in compliance with Federal Rule of Civil Procedure 15(a). A plaintiff may amend the

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complaint once as a matter of course within 21 days of the service of a defendant’s answer or

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Rule 12(b).2 Plaintiff has already amended his complaint as a matter of course, and he filed his

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This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to
Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1).
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Federal Rule of Civil Procedure 15(a)(1) provides that “[a] party may amend its
pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is
one to which a responsive pleading is required, 21 days after service of a responsive pleading or
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second amend complaint without either a stipulation or leave of the court. The court will address

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that proposed amended complaint in the findings and recommendation on the motion currently

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under submission.

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Accordingly, it is hereby ordered that the October 29, 2014 hearing on defendant’s motion

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to dismiss is vacated.

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DATED: October 22, 2014.

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21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Rule
15(a)(2) provides that “[i]n all other cases, a party may amend its pleading only with the opposing
party’s written consent or the court’s leave.”
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