Orwig v. Falk et al

Filing 32

ORDER re: STRIKING 31 Third Amended Complaint filed by Christopher M. Orwig, by Magistrate Judge Kathleen M. Tafoya on 2/01/2016. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 15–cv–01736–KMT
CHRISTOPHER M. ORWIG,
Plaintiff,
v.
JAMES SOUCIE-STERLING CORR FACILITY HEALTH CARE MGR. official and
individual capacity,
UNIDENTIED NURSE FROM AUGUST 18th, 2014 APPT, official and individual capacity,
LT. KENNEDY-STERLING CORR FACILITY, Corrections Officer, official and individual
capacity, and
CURRENTLY UNKNOWN CLINICAL SERVICES PROVIDER, official and individual
capacity,
Defendants.

ORDER

This matter is before the court on Plaintiff’s “Third Amended Complaint” (Doc. No. 31,
filed January 29, 2016). Plaintiff filed a Second Amended Complaint on October 9, 2015. (Doc.
No. 9.) Pursuant to Fed. R. Civ. P. 15(a)(1), Plaintiff may amend his pleading “once as a matter
of course” within specified time limits. “In all other cases, a party may amend its pleading only
with the opposing party’s written consent or the court’s leave. Fed. R. Civ. P. 15(a)(2). Here,
because Plaintiff previously amended his Complaint, he was required to obtain Defendants’
written consent or seek leave of court prior to filing his Third Amended Complaint, which he did
not do.
Accordingly, it is

ORDERED that the Third Amended Complaint (Doc. No. 31) is stricken.
Dated this 1st day of February, 2016.

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