Clay v. Pacific Bell Telephone Company, et al

Filing 25

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/13/2013 STRIKING 21 First Amended Complaint. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEROME CLAY,

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Plaintiff,

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No. 2:13-cv-1028 GEB CKD PS

v.

ORDER

AT&T COMMUNICATIONS, et al.,

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Defendants.

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Plaintiff is proceeding pro se. On July 11, 2013, defendant Communication Workers filed

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a motion to dismiss. On August 6, 2013, plaintiff filed a first amended complaint. Under Federal

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Rule of Civil Procedure 15(a)(1)(B), plaintiff’s right to amend as a matter of right expired 21 days

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after service of defendant’s motion. The filing of the first amended complaint is therefore

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untimely and the first amended complaint will be stricken.1 Plaintiff is reminded that under the

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order filed August 8, 2013, opposition to the motion to dismiss must be filed no later than

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September 4, 2013.

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The court notes that the first amended complaint does not cure the deficiencies raised by
defendant’s motion to dismiss.
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Accordingly, IT IS HEREBY ORDERED that the first amended complaint (ECF No. 21)

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is stricken.

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Dated: August 13, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 clay1028.amd.strk

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