Turner Jr. v. County of San Diego

Filing 14

ORDER: The record reflects that the Amended Complaint (ECF No. 13 ) was not filed within 21 days after service of the original Complaint (ECF No. 1 ), a responsive pleading, or a motion under Rule 12(b),(e), or (f). The record also reflects that t he Court has not granted Plaintiff leave to file an amended complaint. The Amended Complaint is hereby Stricken from the record. If Plaintiff wishes to file an amended complaint in the future, he must first file a Motion to Amend. Signed by Judge William Q. Hayes on 01/22/2018.(All non-registered users served via U.S. Mail Service)(ajs) (Additional attachment(s) added on 1/23/2018: # 1 Rejected Document) (ajs).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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David B. Turner Jr.,

Case No.: 17-cv-0285-WQH-MDD
Plaintiff,

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v.

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ORDER

County of San Diego,
Defendant.

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On February 13, 2017, Plaintiff David B. Turner Jr. initiated this case by filing the

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Complaint (ECF No. 1). On October 12, 2017, the Court issued an Order dismissing the

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Complaint. (ECF No. 11). On January 17, 2018, Plaintiff filed an Amended Complaint

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(ECF No. 13).

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Under Federal Rule of Civil Procedure 15,

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(1) 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 21 days after service of a
motion under Rule 12(b), (e), or (f), whichever is earlier.
(2) In 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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17-cv-0285-WQH-MDD

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The record reflects that the Amended Complaint (ECF No. 13) was not filed within

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21 days after service of the original Complaint (ECF No. 1), a responsive pleading,

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or a motion under Rule 12(b), (e), or (f). The record also reflects that the Court has

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not granted Plaintiff leave to file an amended complaint.

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The Amended Complaint is HEREBY STRICKEN from the record. If

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Plaintiff wishes to file an amended complaint in the future, he must first file a Motion

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to Amend. See CivLR 15.1(b).

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Dated: January 22, 2018

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17-cv-0285-WQH-MDD