Kirkland v. Ingalls Ship Yard et al
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
CIVIL CASE 1:17-cv-135-HSO-JCG
c/o J.T. Thorpe Settlement Trust
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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