Cooke et al v. Harpum et al

Filing 38

ORDER by Judge ARMSTRONG finding as moot 33 Motion AMEND COMPLAINT (lrc, COURT STAFF) (Filed on 10/22/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ALAN A. COOKE, et al., Plaintiffs, v. CHIEF MURL HARPUM, et al. Defendants. No. C 08-00016 SBA ORDER [Docket No. 33]

Before the Court is Alan Cooke's Ex Parte Motion to Add Chief Investigator Mike Hislop of the Humboldt County District Attorney Office to Complaint as Defendant (the "Motion") [Docket No. 33]. Hislop was allegedly employed by the Eureka Police Department at the time of the incident giving rise to this matter, and was involved in this incident.1 See id. Because no defendant has answered the initial complaint filed in this matter, Cooke may amend his complaint once without leave of Court. Fed. R. Civ. P. 15(a)(1)(A). As Cooke has not yet amended his complaint, he may do so without leave of Court. See id. Nonetheless, until he files a First Amended Complaint ("FAC"), the Court is unable to address his request, as an in forma pauperis plaintiff, for the Court to order the United States Marshall to serve this FAC on Hislop. See Mot. at 1-2. The Court DENIES the Motion as moot.

IT IS SO ORDERED. October 21, 2008 _________________________________ Saundra Brown Armstrong United States District Judge

The Court warns Cooke that ex parte motions may be filed only when authorized by the Federal Rules of Civil Procedure or the Local Civil Rules, and the authorization must be stated in the ex parte motion. N.D. Cal. Civ. L.R. 7-10.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

COOKE ET AL et al, Plaintiff, v. HARPUM ET AL et al, Defendant. /

Case Number: CV08-00016 SBA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 22, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Alan A. Cooke c/o Kim Starr P.O. Box 5692 Eureka, CA 95502 Dated: October 22, 2008

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

2