Decker v. Frakes et al
Filing
27
MEMORANDUM AND ORDER - The clerk of court is directed to strike the Amended Complaint (Filing No. 25 ) filed in this matter. Plaintiff's initial Complaint (Filing No. 1 ) remains the operative complaint in this case. Plaintiff's Motion for Miscellaneous Relief (Filing No. 26 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER DECKER,
)
)
Plaintiff,
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)
V.
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)
SCOTT FRAKES, MARIO PEART, )
RELIGIOUS STUDIES COMMITTEE )
MEMBERS, and JEFF MILLER,
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Defendants.
)
)
4:15CV3113
MEMORANDUM AND ORDER
This matter is before the Court on its own motion. On February 3, 2016, the
court found that Plaintiff’s equal protection and retaliation claims against Defendant
Jeff Miller could proceed to service of process. (Filing No. 17.) All other claims
against the other named defendants were dismissed without prejudice to reassertion
in an amended complaint. (Id.)
Plaintiff filed an Amended Complaint on March 21, 2016. (Filing No. 25.)
However, before doing so, Plaintiff did not seek leave to file an amended pleading.
Therefore, Plaintiff’s submission of the Amended Complaint was improper and the
Amended Complaint will be stricken. This ruling does not, however, prevent Plaintiff
from filing a proper motion to amend in accordance with the Local Rules of this court.
See NECivR 15.1.
IT IS ORDERED:
1.
The clerk of court is directed to strike the Amended Complaint (Filing
No. 25) filed in this matter.
2.
Plaintiff’s initial Complaint (Filing No. 1) remains the operative
complaint in this case.
3.
Plaintiff’s Motion for Miscellaneous Relief (Filing No. 26) is denied as
moot.
DATED this 7th day of April, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
2
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