Porter v. Ent

Filing 20

ORDER REGARDING AMENDED COMPLAINT: Plaintiff shall serve amended complaint upon defendant and file proof of service; Defendant's Motion to dismiss deemed MOOT; Defendant to file responsive pleading within 14 days thereafter. Signed by Magistrate Judge Elizabeth D. Laporte on 7/5/2011. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 7/6/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 JAMES B. PORTER, Plaintiff, 11 For the Northern District of California United States District Court 10 v. No. 11-01763-EDL ORDER REGARDING AMENDED COMPLAINT 12 13 GREGORY ENT, et al. 14 Defendants. ___________________________________/ 15 16 In response to Defendant’s motion to dismiss, on June 27 Plaintiff filed a document entitled 17 “Permission to Amend Complaint” and attached an Amended Complaint. Plaintiff is entitled to 18 amend his complaint as a matter of course within 21 days after service of a responsive pleading 19 pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), so the Court construes the June 27 20 Complaint as the operative complaint in this action. Therefore, Defendant’s motion to dismiss is 21 moot and the briefing schedule previously set by the Court is vacated. Pursuant to Rule 15(a)(3), 22 Defendant has fourteen days from service of the amended complaint in which to file a responsive 23 pleading. Plaintiff did not file a proof of service with his amended complaint so it is unclear when 24 or if this document was served on Defendant. Plaintiff is hereby Ordered to properly serve 25 Defendant with the amended complaint and file a proof of service of the amended complaint with 26 the Court. Defendant shall have fourteen days from the date of service in which to respond. 27 28 order.wpd 1 In light of their pro se status, both parties are encouraged to contact the pro se help desk of 2 this Court, information about which can be found on the Court's website or by calling 415-782- 3 9000. 4 5 IT IS SO ORDERED. 6 7 Date: July 5, 2011 ELIZABETH D. LAPORTE United States Magistrate Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 order.wpd 2

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