Harris v. Adams County Sheriffs Department, et al
MINUTE ORDER denying as moot 12 Motion to Amend or Dismiss Original Complaint by Magistrate Judge Michael E. Hegarty on 02/23/2016. The Plaintiff may file his First Amended Complaint in accordance with Rule 15(a)(1) and all applicable federal and local rules.(mdave, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 16-cv-00160-REB-MEH
MARQUISE DEMONT HARRIS,
ADAMS COUNTY SHERIFFS DEPARTMENT,
MICHAEL MCINTOSH, in his individual and official capacities,
S. FULLER, in his individual and official capacities, and
DEPUTY JOHN DOE, in his individual and official capacities,
Entered by Michael E. Hegarty, United States Magistrate Judge, on February 23, 2016.
Before the Court is Plaintiff’s Motion to Amend or Dismiss Initial Complaint [filed February
19, 2016; docket #12]. Essentially, Plaintiff requests that the Court “accept[ ] the newly filed
complaint dated and filed February 19, 2016.” The Court notes first that the only document filed
by the Plaintiff on February 19, 2016 is the present motion; there is no indication that the Court has
received a “newly filed complaint.” Second, pursuant to Fed. R. Civ. P. 15(a)(1), the Plaintiff need
not ask permission to file a First Amended Complaint at this early stage of the litigation: “[a] party
may amend its pleading once as a matter of course within ... 21 days after service of a responsive
pleading or ... motion under Rule 12 ....” Accordingly, the motion is denied as moot and the
Plaintiff may file his First Amended Complaint in accordance with Rule 15(a)(1) and all applicable
federal and local rules.
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