Kirkland v. Ingalls Ship Yard et al

Filing 38

ORDER: Ordered that Plaintiffs 36 Second Amended Complaint is stricken from the record. Signed by Magistrate Judge John C. Gargiulo on 12/5/17 (RLW)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JOHNNY KIRKLAND v. PLAINTIFF CIVIL CASE 1:17-cv-135-HSO-JCG INGALLS SHIPYARD CORPORATION c/o J.T. Thorpe Settlement Trust DEFENDANT ORDER STRIKING PLAINTIFF’S SECOND AMENDED COMPLAINT Plaintiff’s Second Amended Complaint (ECF No. 36) is stricken from the record for noncompliance with Federal Rule of Civil Procedure 15. Federal Rule of Civil Procedure 15(a)(2) applies under the circumstances and provides that “a party may amend its pleadings only with the opposing party’s written consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2). Plaintiff did obtain written consent from Defendant or obtain leave of court before filing the Second Amended Complaint. Pro se litigants, like all parties, must abide by the Federal Rules of Civil Procedure. See United States v. Wilkes, 20 F.3d 651, 653 (5th Cir. 1994). IT IS THEREFORE ORDERED that Plaintiff’s Second Amended Complaint (ECF No. 36) is stricken from the record. SO ORDERED, this the 5th day of December, 2017. s/ John C. Gargiulo JOHN C. GARGIULO UNITED STATES MAGISTRATE JUDGE

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