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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAGHVENDRA SINGH, 12 13 14 No. 2:13-cv-780-TLN-EFB PS Plaintiff, v. ORDER UNITED STATES OF AMERICA, 15 Defendant. 16 17 On August 29, 2014, the government filed a motion to dismiss plaintiff’s first amended 18 complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure (“Rule”) 19 12(b)(6) and for lack of jurisdiction pursuant to Rule 12(b)(1).1 ECF No. 44. That motion was 20 before the court for hearing on October 1, 2014, and is currently under submission. 21 On September 18, 2014, plaintiff filed a second amended complaint. The complaint was 22 not filed in compliance with Federal Rule of Civil Procedure 15(a). A plaintiff may amend the 23 complaint once as a matter of course within 21 days of the service of a defendant’s answer or 24 Rule 12(b).2 Plaintiff has already amended his complaint as a matter of course, and he filed his 25 26 27 28 1 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). 2 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 1 1 second amend complaint without either a stipulation or leave of the court. The court will address 2 that proposed amended complaint in the findings and recommendation on the motion currently 3 under submission. 4 Accordingly, it is hereby ordered that the October 29, 2014 hearing on defendant’s motion 5 to dismiss is vacated. 6 DATED: October 22, 2014. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.” 2

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